Clash of the Comic Cons

Battles at comic and sci-fi fan conventions typically involve super-heroes and super-villains. But now, a new type of conflict is brewing that has event organizers lawyering up for a trademark fight.

In July 2014, Dan Farr Productions, LLC (DFP) applied to the US Patent and Trademark Office (USPTO) for registration of the mark SALT LAKE COMIC CON for use in association with services, including comic, sci-fi, and fantasy conventions.  DFP’s application was protested at the USPTO by the San Diego Comic Con (SDCC), a non-profit organization that hosts comic fan conventions and events, on the basis of a likelihood of confusion with the SDCC’s registered trademarks for similar services, including that for the mark COMIC-CON (US Reg No 3,221,808).

Shortly thereafter (August 2014), the SDCC sued DFP along with the other entities and individuals that operate the Salt Lake Comic Con convention claiming trademark infringement and false designation of origin (San Diego Comic Convention v Dan Farr Productions et al, California Southern District Court, Case No 3:14-cv-01865).  In the infringement action, the SDCC is seeking damages and an injunction preventing the defendants from further use of the name “Comic Con” (or any variation thereof). 

The Defendants have denied SDCC’s allegations in the action and counterclaimed, seeking a declaration that the SDCC’s trademarks are invalid.  According to the Defendants, “comic con” is a genericized term referring to comic conventions in general.  The Defendants rely on dozens of similar conventions across the US that also brand their events as “comic cons“ (e.g. the Baltimore Comic Con, the New York Comic Con, the Dallas Comic Con, the Denver Comic Con, etc).  The action is ongoing.

On July 14, 2015, DFP received their US registration for the trademark SALT LAKE COMIC CON over the protest of the SDCC.  By July 24, 2015, the SDCC had initiated proceedings to cancel the registration.

In a recent interview with KSL News Radio (Salt Lake City), Salt Lake Comic Con co-founders (and co-Defendants in the action) Bryan Brandenburg and Dan Farr noted that they see this case as representative of a bigger issue: “This [is] a battle that involve[s] all the people that used the term ‘comic con’ before us. Somebody had to stand ground on this.”

E-TIPS® Newsletter will keep tabs on new developments.