Author Topic: CCI vs. SLCC II  (Read 3444 times)

Offline Transmute Jun

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Re: CCI vs. SLCC II
« Reply #90 on: December 05, 2017, 04:08:04 pm »
I'm wondering how CCI got their hands on those emails...


Offline alyssa

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Re: CCI vs. SLCC II
« Reply #91 on: December 05, 2017, 09:25:07 pm »
Hopefully a lawyer will climb in but I think it has to do with the discovery process. Like once a lawsuit is files folks aren't allowed to delet anything and it's open to the other side.

Like I said I hope someone with more knowledge about the process comes forward!
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Offline Iris_aya

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Re: CCI vs. SLCC II
« Reply #92 on: December 05, 2017, 09:56:40 pm »
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I'm wondering how CCI got their hands on those emails...

You are not allowed to view links. Register or Login is right, it had to have been from the discovery process.

tldr; from the discovery process from requests by CCI to SLCC, so there's nothing weird about them having it. There was probably a question like "Produce all [e-mails] regarding [advertising] during [dates]." and those e-mails from there, etc. or something similar. Obviously, it'd sound better because I'm exhausted and drank way too much caffeine today, so I'm crashing. It takes (and took in this case) years to get to trial usually, so imagine all the time the parties had to go back and forth to demand more answers, admissions, and requests for docs/etc. from each other.

Probably requests for production from CCI to the SLCC side, you would be surprised how many things can turn up when you just request e-mails related to x/x time period. Then they expect you to never read hundreds, maybe thousands and thousands, of documents just to get a few sentences, or that they will accidentally skip over it. It happens all the time that the one little thing slips through the cracks.

So long as it's not privileged information etc., it's free game so long as you ask for it/phrase it correctly, and they have to supply them... generally. You don't give them just free reign over all your files, but if they ask about it specifically enough you can only try to talk your way out of providing it. I can only imagine how much time was spent just getting the docs and everything from the case, going through the e-mails etc., and all the billing that resulted of it.

I know I have personally sifted through like hundreds and hundreds of pages of medical docs, over a week or more, and they probably were just hoping we'd get lost in them all/not understand them well enough and not cross-reference some other dates or had some of defense.

Offline riotgirl77

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Re: CCI vs. SLCC II
« Reply #93 on: December 05, 2017, 11:53:07 pm »
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I'm wondering how CCI got their hands on those emails...

I was under the impression (from the BC article) that the emails were sent to CCI? Or maybe I read that wrong?
« Last Edit: December 06, 2017, 03:32:28 pm by riotgirl77 »

Offline marcia29

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Re: CCI vs. SLCC II
« Reply #94 on: December 06, 2017, 03:25:07 am »
What about witnesses?  I am curious about why CCI didn't bring to the stand - fans who say they were confused, perhaps SLCC employees who were told to do things that supported CCI's case, examples of website discussions by fans...or do you think CCI felt they had enough evidence without that?  Or...?

Offline alyssa

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Re: CCI vs. SLCC II
« Reply #95 on: December 06, 2017, 06:09:41 am »
i think when litigation like this gets to the courts, there is less emphasis on live witnesses & more on written documentation of witnesses.

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Offline Transmute Jun

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Re: CCI vs. SLCC II
« Reply #96 on: December 06, 2017, 08:00:47 am »
Thanks for the explanation You are not allowed to view links. Register or Login ! I appreciate your expertise on the matter!

Offline riotgirl77

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Re: CCI vs. SLCC II
« Reply #97 on: December 06, 2017, 11:29:51 am »
From SLCC FB:

Quote
UPDATE: San Diego Comic Convention vs Salt Lake Comic Con

Matt Solberg, the owner of Phoenix Comicon and Bryan Brandenburg, co-founder of Salt Lake Comic Con will testify today in court today why comic con is owned by the people, by all the fans that experience the joy and celebration of comic con in cities all over the world. Comic Con is a generic brand owned by millions of fans around the country. Comic Con is a generic brand owned by hundreds of Comic Cons around the world. Comic Con is owned by the vendors that go around week after week, year after year to Comic Cons around the country and the world. Comic Con is owned by the celebrities, comic creators, authors, panelists, cosplayers, volunteers, and fans. It does not belong to San Diego Comic Convention. They have lost their way.

Wish Mr. Solberg and Mr. Brandenburg luck today. I have tremendous admiration that he would step up like this. He started his comicon in 2002 and it is a great comic con. Dozens of Comic Con promoters are joining us and will file Petitions to Cancel the Trademark "Comic-Con". We have the legal right to put the name legally back in the public domain where it has always been.

San Diego was not the first comic con, nor will they be the last. If for some slight chance we loose this jury trial, we will appeal until we win. There is an army of supporters for this cause. We could not in good conscience let San Diego Comic Convention walk over all of our friends and colleagues that run comic cons all around the country, and have so for years and decades. Thank you for all your support.

Tomorrow are closing arguments in this case. Please be respectful to San Diego Comic Con. It is a great comic con with many great people involved. Don't throw the baby out with the bathwater.

Offline alyssa

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Re: CCI vs. SLCC II
« Reply #98 on: December 06, 2017, 11:35:40 am »
wow... just wow
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Offline cabler30

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Re: CCI vs. SLCC II
« Reply #99 on: December 06, 2017, 11:37:22 am »
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From SLCC FB:

I see how they say SDCC was not the first comic con and i just googled it and it was back in March 21, 1970 so i read. So would this mean SDCC was the first one out of any that was before the rest that came along after ? or am i just reading the wrong info?

Offline Transmute Jun

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Re: CCI vs. SLCC II
« Reply #100 on: December 06, 2017, 01:01:48 pm »
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I see how they say SDCC was not the first comic con and i just googled it and it was back in March 21, 1970 so i read. So would this mean SDCC was the first one out of any that was before the rest that came along after ? or am i just reading the wrong info?

There were comic cons before that. SLCC is showing a Houston Comic Con flyer from 1967 as part of their 'evidence'. You can see a picture here.

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Offline riotgirl77

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Re: CCI vs. SLCC II
« Reply #101 on: December 06, 2017, 03:10:53 pm »
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Judge threatens jail for Salt Lake Comic Con organizer if his testimony strays

Quote
SAN DIEGO — Following a social media post seeking to rally fans near the end of a jury trial in a long-running trademark dispute, a federal judge threatened to throw one of the founders of Salt Lake Comic Con in jail if he strays during his testimony.

While jurors in the case were out of the courtroom Wednesday, attorneys for San Diego Comic-Con read a Facebook post from the Salt Lake event to U.S. District Court Judge Anthony Battaglia, speculating the remarks could be a deliberate attempt to cause a mistrial.

"I think this is a highly inappropriate post," said attorney Callie Bjurstrom. "It is just a complete attempt to taint whoever they can reach."

The post announced that Salt Lake Comic Con co-founder Bryan Brandenburg will take the witness stand Wednesday to show that "comic con is owned by the people, by all the fans that experience the joy and celebration of comic con in cities all over the world."


Battaglia prohibited such arguments during the trial based on objections from San Diego. He warned that if Brandenburg intends to make any such statements during his testimony, "tell him to bring his toothbrush with him."

"I will put them in jail if they violate this order. They are not to escalate this case into a war involving the world," Battaglia said.

In an earlier order, Battaglia had also barred Brandenburg and co-founder Dan Farr from discussing the case, including on their personal social media pages. That order was struck down in October by 9th Circuit Court of Appeals, which found it violated First Amendment protections of free speech.

"The circuit seems to believe people can say whatever they want in the world and in the media, but they don't get that privilege in my courtroom," Battaglia noted Wednesday.

The judge went on to say that Brandenburg's conduct has been "outrageous throughout this case."


The San Diego and Salt Lake comic and pop culture conventions have been locked in a trademark dispute since the summer of 2014.

Since it first filed its cease-and-desist order and lawsuit, San Diego Comic-Con has claimed its new rival was violating trademark laws and trying to profit from its success. The case was filed after organizers drove a Salt Lake Comic Con branded Audi around San Diego during its annual event.

San Diego Comic-Con, a nonprofit organization that has been around since 1970, has a trademark on "comic-con" with a hyphen, but was unsuccessful in its 1995 bid to trademark "comic con," with a space. The event maintains, however, that its trademark covers the term "comic con" in all its iterations. Its trademarked logo does not include a hyphen.

Salt Lake Comic Con argues it was not using a protected form of the word, and that the term now widely used to describe similar events has become too generic to qualify for a trademark. The Utah event went on to file a countersuit of its own.

Now, the case is in its final two days before a jury.

Brandenburg is expected to be the final witness in Salt Lake Comic Con's defense.

According to the Facebook post from Wednesday, if Salt Lake Comic Con loses at trial, it intends to appeal.

This story will be updated throughout the day.

Offline sojster

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Re: CCI vs. SLCC II
« Reply #102 on: December 06, 2017, 04:49:29 pm »
It looks like SLCC deleted their Facebook post. I wonder if it had anything to do with the Judge's reaction.

Offline alyssa

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Re: CCI vs. SLCC II
« Reply #103 on: December 06, 2017, 05:26:06 pm »
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From SLCC FB:

Quote
UPDATE: San Diego Comic Convention vs Salt Lake Comic Con

Matt Solberg, the owner of Phoenix Comicon and Bryan Brandenburg, co-founder of Salt Lake Comic Con will testify today in court today why comic con is owned by the people, by all the fans that experience the joy and celebration of comic con in cities all over the world. Comic Con is a generic brand owned by millions of fans around the country. Comic Con is a generic brand owned by hundreds of Comic Cons around the world. Comic Con is owned by the vendors that go around week after week, year after year to Comic Cons around the country and the world. Comic Con is owned by the celebrities, comic creators, authors, panelists, cosplayers, volunteers, and fans. It does not belong to San Diego Comic Convention. They have lost their way.

Wish Mr. Solberg and Mr. Brandenburg luck today. I have tremendous admiration that he would step up like this. He started his comicon in 2002 and it is a great comic con. Dozens of Comic Con promoters are joining us and will file Petitions to Cancel the Trademark "Comic-Con". We have the legal right to put the name legally back in the public domain where it has always been.

San Diego was not the first comic con, nor will they be the last. If for some slight chance we loose this jury trial, we will appeal until we win. There is an army of supporters for this cause. We could not in good conscience let San Diego Comic Convention walk over all of our friends and colleagues that run comic cons all around the country, and have so for years and decades. Thank you for all your support.

Tomorrow are closing arguments in this case. Please be respectful to San Diego Comic Con. It is a great comic con with many great people involved. Don't throw the baby out with the bathwater.

This is the orginal post that has been deleted and the cause of the judges words of warning today
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Offline cabler30

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Re: CCI vs. SLCC II
« Reply #104 on: December 06, 2017, 06:43:54 pm »
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There were comic cons before that. SLCC is showing a Houston Comic Con flyer from 1967 as part of their 'evidence'. You can see a picture here.

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Ok, thanx for the fyi.