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Local comic conventions react to federal trademark ruling

Some local comic conventions may open next year under different names. It comes after a federal court ruled the term “comic con” is trademarked to the big event in San Diego.

“Pretty surprised, pretty shocking,” Orlando Harding, coordinator of the Fantasia Comic Con, said.

That’s the reaction he had to a federal court decision, enforcing a trademark for the term “Comic-Con”.

“In my opinion, it’s such a general term that I thought anybody would be able to use.”

The name of his convention may not stay for long. The federal court ruled in favor Comic-Con International, the producers of the San diego Comic-Con, over trademark infringement with the producers of Salt Lake City Comic Con. Four million dollars in legal fees was awarded with the judge ruling the use of the term “Comic Con”, even with different spellings is prohibited.

“Some people associate the name with San Diego, whether they originated the name or not. They definitely are the ones responsible for the magnitude and proliferation of the name,” Chris Spellman, owner of Comic Con Palm Springs, said.

He says he understands why the San Diego Comic-Con producers are defending their trademark and is working with them to possibly obtain a license to continue using the term “Comic Con”, but a name change is not out of the question.

“Our operation and what we’re trying to do is always trying to evolve and be innovative,” Spellman said.

One local comic convention that won’t be affected is Palm Springs Comic Con. It’s co-founder says they are one of several conventions with a trademark affiliation with San Diego Comic-Con, enabling them to continue using the name with a few rules.

“We can use Comic Con in our promotional materials. How we represent ourselves, we still have to get the okay,” Alex Callego, president of Palm Springs Comic Con, said. “They won’t allow us to have any sponsors involving tobacco, alcohol.”

There is wiggle room when it comes to names as the federal judge also ruled the term “comic convention” can still be used. Harding says he has no problem with using that for a possible name change.

“In the end people are going to say “Oh, we’re going to Fantasia Comic Con, we’re going to that’, so I don’t think it really hurts us at all,” he said.

Comic-Con International said in a statement: “We do not generally comment on matters of a legal nature. We will say, however, that the incontestable trademarks owned by Comic-Con were upheld by a jury verdict in Federal Court and further sustained by the judge in Federal Court. We are pleased that entities who currently use our marks are making efforts to comply with the courts’ decisions.”

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