According to the Houston Chronicle, Whataburger and DC Comics are in discussions over Wonder Woman’s new stacked W logo, which looks an awful lot like Whataburger’s stacked W logo. Whataburger and DC Comics have used similar stacked W marks for years without any concerns about a likelihood of confusion, which is the standard for infringement in a trademark infringement lawsuit. According to Whataburger’s spokesperson, the discussions started because DC Comics filed “nine new trademark applications, covering a much more substantial list of goods and services than just comic books, including a variety of food and beverage products.” Indeed, a search on the United States Patent and Trademark Office reveals that DC Comics filed application 86896081 to use the stacked W mark for vegetable juices and application 8689606 for various food products.
Will consumers find these new Wonder Woman stacked W marks confusingly similar to the Whataburger flying W marks? According to blog Bleeding Cool, Twitter users have been noticing the similarities for years.