Close Menu
NERDBOT
    Facebook X (Twitter) Instagram YouTube
    Subscribe
    NERDBOT
    • News
      • Reviews
    • Movies & TV
    • Comics
    • Gaming
    • Collectibles
    • Science & Tech
    • Culture
    • Nerd Voices
    • About Us
      • Join the Team at Nerdbot
    NERDBOT
    Home»Nerd Culture»Judge Issues “Comic-Con” Injunction
    Nerd Culture

    Judge Issues “Comic-Con” Injunction

    Loryn StoneBy Loryn StoneAugust 24, 20183 Mins Read
    Share
    Facebook Twitter Pinterest Reddit WhatsApp Email
    Breaking news from the Hollywood Reporter wraps up the Comic-Con Lawsuit of the century. Big Guy (San Diego) beats Little Guy (Salt Lake) as a judge wallops defendants on the verge of this year’s convention with a trademark ban and a nearly $4 million attorneys’ fee award.
    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.

    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.”

    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.

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

    Do You Want to Know More?

    Share. Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Email
    Previous ArticleChef Mario Batali Faces New Legal Challenges Following Groping Incident
    Next Article Nerdbot Comic Book Review: Soulfire Vol. #7, Issue #2
    Loryn Stone
    • Website
    • Facebook
    • X (Twitter)
    • Instagram

    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.

    Related Posts

    Why Your Jasmine Rice Is Gummy (and How to Fix It)

    July 2, 2025

    Retro, Radiant & Ready for Summer: Unique Vintage’s 4th of July Sale Is Here!

    July 2, 2025

    “A SMART AND COURAGEOUS CHILD” by Miki Yamamoto Nominated for 2025 American Manga Award

    July 2, 2025

    Build a Lich King with Fanhome’s Epic New Model Subscription

    July 1, 2025

    Kurta Sets vs. Western Wear: Why Ethnic Co-Ords Are Winning 2025

    July 1, 2025

    Meet TeeTurtle’s Adorably Oversized Plushies- Cloudheads!

    July 1, 2025
    • Latest
    • News
    • Movies
    • TV
    • Reviews

    The Complete Guide to Tree Stump Removal: Methods, Tools, and Tips

    July 5, 2025

    Transforming Outdoor Spaces: The Power of Professional Landscaping

    July 5, 2025

    Safeguarding the Future: How Proactive Measures Reduce Wildfire Risk

    July 5, 2025

    Safeguarding Information Integrity in the Digital Age

    July 5, 2025

    The F11PRO 2 Drone – Pro-Level Performance Meets Sleek Design

    July 3, 2025

    President Trump Will “Look” at Deporting Elon Musk

    July 2, 2025

    Revitalize Your Mind and Body: How New Image Wellness Transforms Mental Well-being

    July 2, 2025

    Netflix to Stream NASA Launches, Missions, and More

    June 30, 2025

    James Gunn Reveals Official “Superman” Spotify Playlist

    July 5, 2025

    Keith David Moved To Tears By Hollywood Walk of Fame Star

    July 4, 2025

    “Reservoir Dogs” Star Michael Madsen has Passed Away

    July 3, 2025

    Marisa Abela Joins Chad Stahelski’s “Highlander”

    July 2, 2025

    “Trainwreck: Storm Area 51” Gets Teaser for Netflix Docu

    July 2, 2025

    Neil Druckmann Leaves HBO’s “Last of Us” Ahead of Season 3

    July 2, 2025

    First Look at Chatsubo Bar from Apple TV+’s “Neuromancer” Series

    July 1, 2025
    “The Tiny Chef Show”

    “Tiny Chef Show” Raises $80k After Nickelodeon Cancelation

    June 28, 2025

    The F11PRO 2 Drone – Pro-Level Performance Meets Sleek Design

    July 3, 2025
    "M3GAN," 2025

    “M3GAN 2.0” A Sequel That Forgets to Have Fun [Review]

    June 29, 2025

    “F1: The Movie” Thrilling Cars, Crash and Burn Story [Review]

    June 28, 2025

    “28 Years Later” We Live, We Die, Life Goes On [Review]

    June 21, 2025
    Check Out Our Latest
      • Product Reviews
      • Reviews
      • SDCC 2021
      • SDCC 2022
    Related Posts

    None found

    NERDBOT
    Facebook X (Twitter) Instagram YouTube
    Nerdbot is owned and operated by Nerds! If you have an idea for a story or a cool project send us a holler on [email protected]

    Type above and press Enter to search. Press Esc to cancel.