Not long ago, we ran an article about San Diego Comic-Con trying to get the Phoenix Comicon trademark cancelled in court. In summary, San Diego-Comic Con motioned to have the Phoenix Comicon trademark cancelled because of “likelihood of confusion”. It seems now the case won’t be going in front of a judge as a “Voluntary Surrender of Registration” was given in a joint motion from both San Diego Comic-Con and Phoenix Comicon.
1. That Final Judgment be entered by the Board that Petitioner’s Petition for Cancellation based on: (1) Likelihood of confusion – Prior Registration; and (2) Likelihood of Confusion – Prior Use, be SUSTAINED and that Registration No.:
5,278,711 for the mark PHOENIX COMICON be CANCELLED.
2. That Final Judgment be entered by the Board that Counterclaiment’s Counterclaim for Cancellation based on: (1) Fraud on the USPTO; and (2) Genericness be DISMISSED, in its entirety.
In short, the Phoenix Comicon trademark will be cancelled and the counterclaim from Square-Egg will be dismissed. San Diego Comic-Con now has two big victories in the realm of legal matters as they won their case against Salt Lake Comic Con earlier in the year as well. To view the entire Voluntary Surrender of Registration document, click here. Square-Egg already took preemptive measures with changing the name of Phoenix Comicon to Phoenix Comic Fest for their upcoming May convention.