The manufacturers of a wildly common comic convention in Salt Lake City say a $four million courtroom judgment in a trademark infringement battle will equate to a “death sentence” for the corporate — and they warn that Utah’s economy may be negatively affected by means of a chapter.
Dan Farr Productions, the corporate in the back of the FanX Salt Lake Comic Convention, filed an emergency movement with the U.S. ninth Circuit Court of Appeals on Wednesday, soliciting for a brief postponement at the payment pending enchantment in courtroom.
If the $four million judgment is enforced, the corporate will be “destroyed,” the movement states, costing Utah’s economy “millions of dollars.” But the courtroom “likely wouldn’t harm” the opposite birthday celebration — San Diego Comic-Con, by means of granting a keep.
The California-based convention sued the development previously referred to as Salt Lake Comic Con in 2014 in regards to the use of “comic con” in the Utah corporate’s identify. San Diego Comic-Con’s felony workforce argued that even with out the hyphen, the ones phrases infringed by itself trademark and puzzled other people into pondering the occasions have been related.
A federal jury sided with San Diego Comic-Con at the end of last year however discovered there have been no willful infringement and awarded FanX a slight break on attorney fees. The jury awarded $20,000 in damages to San Diego Comic-Con, which had in the beginning sought $12 million, and $three.nine million in legal professional charges and prices reasonably than the $five million its attorneys had to begin with requested for.
Still, the Utah-based corporate stated in its movement Wednesday that the “nearly $4 million award is wildly excessive.”
The manufacturers of FanX also are protesting a judgment that FanX forestall the use of the word “formerly known as Salt Lake Comic Con” in promoting and social media and delete any posts prior to the courtroom ruling that discuss with their tournament as “comic con.”
Utah Attorney General Sean Reyes filed a declaration in strengthen of the corporate’s emergency movement on Wednesday, writing that the conventions have a “positive impact” on Utah’s economy.
“The Conventions continue to be an important part of the cultural and economic fabric of Utah and ending them would have a negative impact on the public of the state,” he wrote.
Salt Lake County Mayor Ben McAdams additionally weighed in, noting the massive turnout at the newest FanX tournament — roughly 110,000 attendees, with just about 25 % from out of state.
“This activity and the influx of visitors benefits our economy and raises tax revenue, including through the purchase of hotel rooms, restaurant meals, alcohol, gasoline, taxies and other types of transportation, and goods purchased from vendors at the Conventions,” he wrote.
The courtroom has but to factor a choice at the movement.