Today Marvel publish the first issue of their Mystery Men comic, the title of which has caused some consternation due to the fact that Bob Burden had a comic called Mysterymen some years back–published by Dark Horse–that was subsequently adapted into a film.
We've discussed trademarks on this blog in the past (e.g. here, here, and here). The bottom line is that trademarks are not like copyrights. Basically there is a 'use it or lose it' factor with trademarks; just because you've used a title in the past doesn't mean that someone else can't use it in the future.
A quick search of TESS (the USPTO's Trademark Electronic Search System) reveals a registered trademark for Marvel:
I could not find a registration for Burden's version (with either spelling), either active or dead. (Note that you don't have to register your trademark to claim it, but it sure helps with enforcement.)
(Dislaimer: I am not a lawyer; I am a librarian at a US Patent & Trademark Depository Library. My comments are my own and do not necessarily represent the view of my employer.)