DC Comics v. Powers
United States District Court for the Southern District of New York
465 F. Supp. 843 (1978)
DC Comics (plaintiff) had used the "Daily Planet" newspaper name as part of its Superman franchise since 1940, licensing it as part of a bundle even though no standalone trademark registration for it existed; Powers (defendant) briefly ran an underground newspaper called Daily Planet from 1969-1973, replicating the Superman logo and referencing the franchise, obtained then let lapse his own trademark registration, and planned to revive his paper to coincide with an upcoming Superman movie. DC Comics sued for common-law trademark infringement and sought a preliminary injunction.
Whether a common-law trademark is entitled to the same protection as a registered trademark.