A jury decided in December 2017 that San Diego Comic Con owned the valid trademark and that competitors Salt Lake Comic Con used the aforementioned trademark without permission. Consequently, San Diego was awarded $20,000 in compensation costs – a mere fraction of the $12 million they initially requested.
However, it has been announced that both sides have filed motions to renew the legal battle after being disappointed with the outcome. Salt Lake Comic Con want a new trial, arguing that the court “sharply circumscribed the evidence it allowed Defendants and counterclaimants (collectively “DFP”) to present”, among other things. Salt Lake also want the judge to revisit whether the Comic Con name is a genericized trademark, thus reversing the initial ruling. In the filing, SLCC state “On genericness, evidence was wrongly excluded, the jury was misinstructed, and the verdict is against the weight of the evidence.”
At the same time, San Diego Comic Con filed their own motion requesting more money in compensation or a whole new trial altogether as they have an array of issues with the antics of Salt Lake’s side during the trial. San Diego claims they are not convinced Salt Lake will change their name as promised, nor were they particularly impressed with their apology saying “post-trial communications post a much different story”. San Diego are requesting a further $4.5 million in legal fees, claiming Salt Lake never “bothered” to seek legal advice regarding the significance of trademark registrations.
Motions will be heard on May 3rd 2018 and we will update you on the case as it unfolds. In the meantime, you can read the full motion, here.