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San Diego Comic-Con Lawsuit

San Diego Comic-Con Lawsuit

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San Diego Comic-Con sues Salt Lake Comic Con for trademark infringement, alleging that the Utah convention is trying to capitalize on a similar name.
San Diego Comic-Con sues Salt Lake Comic Con for trademark infringement, alleging that the Utah convention is trying to capitalize on a similar name.

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Categories:Types, Legal forms
Published by: The Salt Lake Tribune on Aug 09, 2014
Copyright:Traditional Copyright: All rights reserved

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08/11/2014

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CALLIE A. BJURSTROM (STATE BAR NO. 137816) PETER K. HAHN (STATE BAR NO. 165692) MICHELLE A. HERRERA (STATE BAR NO. 209842) PILLSBURY WINTHROP SHAW PITTMAN LLP 501 West Broadway, Suite 1100 San Diego, CA 92101-3575 Telephone: (619) 234-5000 Facsimile: (619) 236-1995 Email: callie.bjurstrom@pillsburylaw.com  peter.hahn@pillsburylaw.com michelle.herrera@pillsburylaw.com Attorneys for Plaintiff San Diego Comic Convention UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO COMIC CONVENTION, a California non- profit corporation, Plaintiff, vs. DAN FARR PRODUCTIONS, a Utah limited liability company; EWSPAPER AGENCY COMPANY, a Utah limited liability company; DANIEL FARR, an individual; and BRYAN BRANDENBURG, an individual. Defendants. )))))))))))))))))) No. COMPLAINT FOR (1) FEDERAL TRADEMARK INFRINGEMENT (15 U.S.C. § 1114); AND (2) FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(a)); DEMAND FOR JURY TRIAL Plaintiff, San Diego Comic Convention, (“SDCC”), brings this action against Dan Farr Productions, LLC, Newspaper Agency Company, LLC, Daniel Farr and Bryan Brandenburg (collectively, “Defendants”), and alleges as follows:
'14
CV1865
 JMA
AJB
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THE PARTIES, JURISDICTION AND VENUE
1.
 
Plaintiff SDCC is a non-profit corporation organized and existing under the laws of the State of California and has its principal place of business in San Diego, California. 2.
 
Plaintiff is informed and believes and thereon alleges that Defendant Dan Farr Productions, LLC is a limited liability company organized and existing under the laws of the State of Utah, and has its principal place of business in Salt Lake City, Utah. 3.
 
Plaintiff is informed and believes and thereon alleges that Defendant  Newspaper Agency Company, LLC is a limited liability company organized and existing under the laws of the State of Utah, and has its principal place of business in Salt Lake City, Utah. 4.
 
Plaintiff is informed and believes and thereon alleges that Defendant Daniel Farr is a co-founder of the Salt Lake Comic Con convention, is the managing member of Dan Farr Productions, LLC, and resides in Utah. 5.
 
Plaintiff is informed and believes and thereon alleges that Defendant Bryan Brandenburg is a co-founder of the Salt Lake Comic Con convention and resides in Utah. 6.
 
Plaintiff is informed and believes and thereon alleges that at all times relevant herein, Defendant Dan Farr Productions, LLC, Defendant Newspaper Agency Company, LLC, Defendant Daniel Farr and Defendant Bryan Brandenburg have done business and continue to do business collectively under the name Salt Lake Comic Con. 7.
 
This is a civil action for damages and injunctive relief. This Court has  jurisdiction over the subject matter of this action under one or more of the following statutes: 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1332(a)(2)(diversity of citizenship between citizens of different states with an
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amount in controversy exceeding $75,000); 28 U.S.C. § 1338(a)(Lanham Act); and 15 U.S.C. § 1121(original jurisdiction of district courts for all actions arising under the Lanham Act). 8.
 
This Court has personal jurisdiction over Defendants. On information and belief, Defendants advertise and transact business throughout the United States, including in the State of California, and specifically in this judicial district. Defendants have purposefully availed themselves of doing business in this district  by, among other things, advertising and promoting the convention known as Salt Lake Comic Con in this district. Defendants have also engaged in continuous acts of trademark infringement and unfair competition within the State of California, including within this district, and have caused injury to SDCC in this district as a result of such conduct. 9.
 
Venue is proper in this judicial district because Defendants are subject to personal jurisdiction in this district, because SDCC resides in this district, and  because the damages suffered by SDCC were suffered, at least in part, within this district.
GENERAL ALLEGATIONS
10.
 
SDCC, a non-profit corporation formed in 1975, is dedicated to creating awareness of, and appreciation for, comics and related popular art forms,  primarily through the presentation of conventions and events that celebrate the historic and ongoing contribution of comics to art and culture. Among other things, SDCC produces the convention known as the Comic-Con convention (“Comic-Con convention”), which is held in San Diego, California on an annual  basis. The Comic-Con convention showcases and celebrates not only comics and comic books, but also various other aspects of the popular arts such as graphic arts, science fiction films, fantasy films and literature.
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