Thursday, July 9, 2020

Judge Issues “Comic-Con” Injunction

Must Read

“Chilling Adventures of Sabrina” Cancelled, Ending This Year

Netflix just announced the cancellation of one of our favorite shows!

Nerdbot Cinema Reviews: “The Usual Suspects” Turns 25 This Month

"The Usual Suspects" is a terrific crime thriller that never loses its fun even if you know the ending.

The CW Announces Javicia Leslie as New Batwoman

This just in- sounds like The CW has found their replacement for the title role of Batwoman...
Loryn Stonehttp://www.nerdbot.com
Loryn Stone has dedicated her life to the written Word of the Nerd. Her writing has also been published on other pop culture websites such as Cracked, LoadScreen, PopLurker, and Temple of Geek. Her debut young-adult novel "My Starlight" (a contemporary love letter to fandom, friendship, anime, cosplaying, love, and loss) is out now by Affinity Rainbow Publications. When she's not writing, Loryn's other interests include collecting robots (Megazords, specifically), playing bass, and blasting metal.
In what may be the beginning of the end of the road for any self-described “Comic-Con” that doesn’t take place in San Diego, a California federal judge has issued an injunction in one of the biggest trademark cases in the entertainment industry in years.

San Diego Comic Convention was the plaintiff taking on Dan Farr and Bryan Brandenburg, who ran the Salt Lake Comic Con. At a trial held last winter, San Diego prevailed on its contention that it held valid rights and that Salt Lake was infringing its trademarks. The jury didn’t find willfulness, however, and only punished Salt Lake to the tune of $20,000 in corrective advertising.

Salt Lake asked U.S. District Court Judge Anthony Battaglia to put aside the ruling and order a new trial.

Instead, in a series of orders issued late Thursday, Battaglia has not only upheld the jury’s verdict and issued an injunction, but ordered the defendants to pay almost $4 million in attorneys’ fees and costs. The decision comes just a week before the Salt Lake convention was about to get underway. Thanks to this court case, it’s already been rebranded the FanX Salt Lake Comic Convention.

Related  SDCC 2020 [At Home] Schedule for Wednesday Released

Battaglia, in his order on an injunction, has enjoined Salt Lake from “Comic Con” and “Comic-Con” and any phonetic equivalents (i.e. ComiKon). Additionally, Farr and Brandenburg can’t operate any social media site that incorporates the trademark nor can they even advertising how the festival they run was “formerly known as Salt Lake Comic Con.”

Related  ‘Rick & Morty’ & ‘Community’ Creator Dan Harmon To Exec Produce Comedy Rap Album

On the other hand, the judge rules it would go too far to prevent the phrase “comic convention” and won’t require defendants to destroy all of their already-made merchandise and marketing materials bearing the banned phrases.

It’s important to note that San Diego has sued or asserted claims against others who operated “Comic-Cons” around the nation — and most of those cases were put on hold for this one. San Diego vs. Salt Lake was a test case.

San Diego, the plaintiff, pushed for a new trial too because it was unhappy with the jury’s finding of non-willfulness and wanted Salt Lake to disgorge profits. The judge doesn’t think that’s in order by pointing to evidence that included Brandenburg thinking it was ok to use “Comic Con” as others were doing it.

Nevertheless, San Diego has scored a huge coup in the order granting much of its attorneys’ fee costs.

Battaglia concludes this is an “exceptional” case compared to run of the mill trademark cases and slams the defendants for making “repeated, re-argued, and recycled arguments” from having license to pushing a contention that “Comic Con” had become generic to framing the case both inside and outside the courtroom as San Diego’s fraud on the U.S. Patent and Trademark Office.

“Ultimately, resembling a broken record, DFP has repetitively restated and rehashed several contentions that they were unable to advance successfully prior to trial,” writes the judge. “This type of cyclical motion practice is objectively unreasonable and has justified attorneys’ fees under the Lanham Act.”

San Diego wanted about $5 million in attorney’s fees and it will end up with 80 percent of the request.

Related  Tokyo Con Reveals New Godzilla Designs & Music

While certainly a victory for San Diego, the attorney fee award could make an appeal more likely.

Latest News

“Chilling Adventures of Sabrina” Cancelled, Ending This Year

Netflix just announced the cancellation of one of our favorite shows!
Related  Requiem Nerd Cafe-- a Fantasy-Themed Dream Come True

Nerdbot Cinema Reviews: “The Usual Suspects” Turns 25 This Month

"The Usual Suspects" is a terrific crime thriller that never loses its fun even if you know the ending.

The CW Announces Javicia Leslie as New Batwoman

This just in- sounds like The CW has found their replacement for the title role of Batwoman on their tv series of...

“The Wonder Years” Reboot With Black Family in the Works

Currently a pilot script is being worked out for the series.

[SPOILER] Dies In “DCeased : Dead Planet” #1 [Review]

It's time to return to heroic tragedy, zombies but not really zombies, and a lot of death because DCeased : Dead Planet #1 has just dropped.

More Articles Like This