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> If the DC legal team knew their TM was indefensible, they ought to have picked their battles FAR more carefully. Because sending a demand letter to a target likely to contest the TM, would be the end of the TM

One special aspect of trademark law is that you can also lose a trademark by failing to protect it.

I think their point is that they already effectively lost the trademark—they only had it on paper. That paper was enough to scare a lot of people into paying, but now even those who were cowed into paying a license fee in the past are free to stop.

Letting one more usage slide would not make "Super Heroes" more generic.

If they looked the other way, it would become obvious to other players that the trademark was indefensible, and they would lose the trademark in practice even if it was not revoked.

Other players may not have had the resources or foresight to stumble upon superbabies.

A trademark is not infringed if its infringement is not known to others accused of the same thing.

Maybe there's some context missing? Was there something about superbabies that made them more likely to contest the TM?