Oh Deli Boy, the hero of all things cold cuts, you may have a problem on your hands even bigger than your sworn enemy, the Health Inspector. DC Comics is preparing its opposition to a trademark registration for DELI BOY, a superhero used to advertise a California chain of deli-style restaurants.

“Deli Boy” is the mascot of the South Coast Deli which operates four locations out of California, including two in Santa Barbara. Some of the highlights on the menu include “Mmmm Balls” (beef and sausage meatballs), “The Phatty” (chicken salad sandwich) and a whole bunch of other “sammies” (sandwiches). As part of its advertising campaign, South Coast employs “Deli Boy,” the superhero who always delivers…your food on time. Since February 2001, the chain has used a series of Deli Boy trademarks described as “a cartoon super hero with a mask, goatee facial hair, cape, and the letters D and B on a shield on his chest”. SUPERHERO is actually a registered trademark of Marvel and DC Comics so best not to use a trademark in your trademark application.

In January 2015, South Coast filed three separate trademarks applications covering two images, the image that can be seen in color below and the black and white image that can be seen above. On Friday, DC Comics filed and was granted an extension of time to oppose the mark. Its not hard to see why DC Comics might object to Deli Boy. Minus the sick goatee and haircut, Deli Boy looks quite similar to Superman. DC Comics owns several trademarks relating to the image of Superman.

DC Comics opposition to the mark is not due until March 9, 2016 but I am sure they will argue that DELI BOY is confusingly similar to SUPERMAN. DC Comics will argue that people would be confused to think that Superman is actually advertising South Coast Deli but is is actually Deli Boy. South Coast Deli can walk away from this trademark registration or DC Comics can walk away from the opposition. We now sit and wait to see who will prevail in the battle between the Man of Steel and the Man of Slaw.

