FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. a California non-profit corporation, Plaintiff, SPECIAL VERDICT FORM

Transcription

1 I' FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO COMIC CONVENTION, a California non-profit corporation, Plaintiff, v. DAN F ARR PRODUCTIONS, a Utah limited liability COI!!lJ~ny; NEWSPAPER AGENCY COMPANY, a Utah limited liability company; DANIEL FARR, an indivicfual; and BRYAN BRANDENBURG, an individual, Defendants. AND RELATED COUNTERCLAIM. Case. 3: -cv-0 1 AJB (JMA) SPECIAL VERDICT FORM v Case. 3:-cv-01 AJB (JMA)

2 1 FEDERALTRADEMARKINFruNGEMENT 3 COMIC-CON mark 4 1. Is the COMIC-CON mark a valid, protectable trademark? 1(_. 3. If your answer is yes, go to Question. If your answer is no, go to Question. Does San Diego Comic Convention own the COMIC-CON mark? ' If your answer is yes, go to Question 3. If your answer is no, go to Question. Did any Defendant use the COMIC-CON mark, or a similar mark, 1 without San Diego Comic Convention's consent in a manner that is likely to cause 1 confusion as to the source, sponsorship, affiliation or approval of goods or 1 services? 1 1 ~ If your answer is yes, go to Question 4. If your answer is no, go to Question. 4. Which Defendant(s) used the COMIC-CON mark, or a similar mark, without San Diego Comic Convention's consent in a manner that is likely to cause confusion as to the source, sponsorship, affiliation or approval of goods or services? (Mark " " for all that apply.) Dan Farr Productions, LLC Bryan Brandenburg Daniel Farr v -- Case. 3: -cv-01 AJB (JMA)

3 1 Go to Question. 3 COMIC-CON INTERNATIONAL mark 4. trademark?. Is the COMIC CON INTERNATIONAL mark a valid, protectable._ INTERNATIONAL mark? 1 1. If your answer is yes, go to Question. If your answer is no, go to Question. Does San Diego Comic Convention own the COMIC CON If your answer is yes, go to Question. If your answer is no, go to Question. Did any Defendant use the COMIC CON INTERNATIONAL mark, 1 or a similar mark, without San Diego Comic Convention's consent in a manner 1 that is likely to cause confusion as to the source, sponsorship, affiliation or 1 approval of goods or services?. If your answer is yes, go to Question. If your answer is no, go to Question. Which Defendant(s) used the COMIC CON INTERNATIONAL mark, or a similar mark, without San Diego Comic Convention's consent in a manner that is likely to cause confusion as to the source, sponsorship, affiliation or approval of goods or services? (Mark "" for all that apply.) 440--l4.v -- Case. 3: -cv-0 1 AJB (JMA)

4 Dan F arr Productions, LLC Bryan Brandenburg Daniel Farr Go to Question. SAN DIEGO COMIC CON INTERNATIONAL mark with eye logo design. Is the SAN DIEGO COMIC CON INTERNATIONAL mark with the eye logo design a valid, protectable trademark? If your answer is yes, go to Question. If your answer is no, go to Question.. Does San Diego Comic Convention own the SAN DIEGO COMIC CON INTERNATIONAL mark with the eye logo design? If your answer is yes, go to Question. If your answer is no, go to Question.. Did any Defendant use the SAN DIEGO COMIC CON INTERNATIONAL mark with the eye logo design, or a similar mark, without San Diego Comic Convention's consent in a manner that is likely to cause confusion as to the source, sponsorship, affiliation or approval of goods or services? If your answer is yes, go to Question. If your answer is no, go to Question.. Which Defendant(s) used the SAN DIEGO COMIC CON INTERNATIONAL mark with the eye logo design, or a similar mark, without San v Case. 3:-cv-01 AJB (JMA)

5 Diego Comic Convention's consent in a manner that is likely to cause confusion as to the source, sponsorship, affiliation or approval of goods or services? (Mark "" 3 for all that apply.) 4 Dan Farr Productions, LLC Bryan Brandenburg Daniel Farr )( Go to Question v -4- Case. 3:-cv-01 AJB (JMA)

6 1 UNFAIR COMPETITION- FALSE DESIGNATION OF ORIGIN. Did any Defendant use in commerce a false designation of the origin 3 of Dan Farr Productions, LLC's goods or services? 4 ~es If your answer is yes, go to Question. If your answer is no, go to Question 1.. Which Defendant(s) used a false designation of the origin of Dan Farr Productions, LLC's good or services? (Mark "" for all that apply.) Dan Farr Productions, LLC Bryan Brandenburg Daniel F arr Go to Question Was the false designation( s) of origin likely to cause confusion, 1 mistake or deception as to the affiliation, connection, or association of Dan F arr 1 Productions, LLC with San Diego Comic Convention, or as to the origin, 1 sponsorship or approval of Dan Farr Productions, LLC's goods, services, or 1 commercial activities by San Diego Comic Convention? 1 ~es If your answer is yes, go to Question 1. If your answer is no, go to Question Was San Diego Comic Convention damaged or likely to be damaged by the false designation(s) of origin? ~es Go to Question v -- Case. 3: -cv-0 1 AJB (JMA)

7 1 DAMAGES- CORRECTIVE ADVERTISING 1. Did you answer yes to either Question 3, Question or Question? 3 4 Go to Question Did you answer yes to Question, Question 1 and Question 1? Go to Question Did you answer yes to Question 1 or Question 1? 1 }(_ If your answer is yes, go to Question. If your answer is no, please answer no further questions and sign, date and return the Verdict Form. 1. Do you find that San Diego Comic Convention is entitled to an award 1 of damages for the cost of future corrective advertising reasonably required to 1 correct public confusion caused by Defendant's[s'] infringement and/or false 1 designation of origin? v _._ If your answer is yes, go to Question. If your answer is no, go to Question. -- Case. 3:-cv-01 AJB (JMA)

8 1. State the amount of damages San Diego Comic Convention is entitled to for the cost of future corrective advertising reasonably required to correct public 3 confusion caused by Defendant's[s'] infringement and/or false designation of 4 ongm: $ J v -- Case. 3:-cv-01 AJB (JMA)

9 1 DAMAGES- DEFENDANTS' PROFITS 3. Did you answer yes to either Question 3, Question or Question? 4 If your answer is yes, go to Question. If you answer is no, go to Question.. Did any Defendant act willfully in infringing San Diego Comic Convention's trademark(s)? 1 1 If your answer is yes, go to Question. If your answer is no, go to Question.. Which Defendant(s) acted willfully in infringing San Diego Comic 1 Convention's trademarks? (Mark "" for all that apply.) Dan Farr Productions, LLC Bryan Brandenburg Daniel Farr Go to Question.. Did you answer yes to Question, Question 1 and Question 1? If your answer is yes, go to Question. If your answer is no, go to Question.. Did any Defendant act willfully in falsely designating the origin of Dan Farr Productions, LLC's good or services? v -- Case. 3: -cv-0 1 AJB (JMA)

10 1 If your answer is yes, go to Question. If your answer is no, go to Question. 3. Which Defendant(s) acted willfully in falsely designating the origin of 4 Dan Farr Productions, LLC's good or services? (Mark " " for all that apply.) Dan Farr Productions, LLC Bryan Brandenburg Daniel Farr Go to Question.. Did you answer yes to Question or Question? If your answer is yes, go to Question. If your answer is no, please sign, date and return the Verdict Form.. State the amount of profits earned by Dan Farr Productions, LLC that 1 are attributable to Defendant's[s'] infringement and/or false designation of origin: 1 1 $ 1 You have now completed this Verdict Form. The Foreperson should sign 1 this Verdict Form below and notify the Bailiff that you have reached a verdict. Dated: :_J_:l..~}-=o'---'~"'-----' v By:~.A$~ Foreperson -- Case. 3:-cv-01 AJB (JMA)