The 9th U.S. District Court of Appeals ruled on Monday that a gag order imposed by a judge in the trademark lawsuit between Comic-Con International and Salt Lake Comic Con is unconstitutional. The case stretches back to 2014, when Comic-Con International, which produces the San Diego comic con, sued the organizers of Salt Lake Comic Con over the use of the term “comic con,” which CCI claims it owns. The Salt Lake organization countersued, claiming the term is widely used by other conventions and is a generic term. The trial is scheduled to begin on Nov. 28, and because they were concerned that Salt Lake’s postings about the issue on social media would taint the jury pool, CCI asked that they be restrained from commenting publicly about the case. U.S. District Court Judge Anthony Battaglia placed a strict limit on what Salt Lake could post about the case, and limited that even further after CCI claimed that Salt Lake violated the ban. However, the appeals court overturned that order on Monday, saying,
San Diego Comic-Con has presented no evidence as to how many, if any, of the approximately 35,200 Twitter followers are registered voters in San Diego and Imperial counties and how many, if any, of the 120,000 attendees of the 2014 Salt Lake Comic Con in Utah are even possibly members of the current San Diego-area jury pool.