‘Comic con’ belongs to Comic-Con! Dr. Seuss Enterprises v. ComicMix! Plus Connor Willumson, behind the scenes on comiXology’s Guided View, recent personnel changes and more!
Legal: Comic-Con International won its trademark suit against Salt Lake Comic Con on Friday, when a jury determined that “comic con” is a trademark, and that Salt Lake Comic Con’s use of it was likely to confuse the public. However, the jury did not grant CCI the $12 million in damages that was requested in the lawsuit; stating they did not believe the infringement was intentional, they awarded CCI $20,000 for advertising to clear up any confusion.
Rob Salkowitz lays out the history of the case and the possible implications at Forbes, pointing out that some conventions already pay CCI a licensing fee for the use of the term. He also noted that the organizers of SLCC, Dan Farr and Bryan Brandenburg, tried to paint themselves as the Davids to CCI’s Goliath and ran a crowdfunding campaign to pay for their legal fees—but they also gave themselves $225,000 in bonuses. At the trial, however, CCI produced a survey that showed more than 70 percent of respondents identified the term “comic con” with the San Diego event.
In a statement released later that day, CCI reiterated that the trademark was theirs and that they had worked for almost 50 years to build that brand. “From the beginning all that we asked of the defendants was to stop using our Comic-Con trademarks,” the statement said. “Today we obtained a verdict that will allow us to achieve this. For that we are grateful.”
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Legal: Salt Lake Comic Con tried to “hijack” the Comic-Con brand name, an attorney for Comic-Con International said in opening arguments in the trademark suit between the two convention organizers. “You don’t need to use ‘Comic-Con’ in your name to identify your comic and popular-arts convention,” said Comic-Con International attorney Callie Bjurstrom. In making a distinction between the two, she said “Convention is a generic term. Comic-Con is a brand.” Salt Lake Comic Con attorney Michael Katz, on the other hand, said that Salt Lake organizers merely followed existing practice when adopting the comic con name, as many other conventions had before them: “They used the same formula: Salt Lake to refer to where they were, and Comic Con to refer to what they were,” he said.
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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.
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