San Diego Comic Convention v. Dan Farr Productions et al
| San Diego Comic Convention |
| Dan Farr Productions, Newspaper Agency Company, Daniel Farr and Bryan Brandenburg |
| 3:2014cv01865 |
| August 7, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| Anthony J. Battaglia |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
604
ORDER (1) Granting 574 Plaintiff San Diego Comic Convention's Motion to Redact Portions of the Transcript of the Hearing on Motions in Limine; (2) Granting 583 Defendants' Motion to Seal Defendants' Opposition to Plaintiff's M otion to Redact Portions of the Transcript of the Hearing on Motions in Limine; and (3) Granting 588 Defendants' Motion to Seal Defendants' Reply Regarding Defendants' Motion to Seal Opposition. Further, the Court denies to strike fr om the record DFP's Exhibit A to its motion to seal its reply to its motion to seal. Accordingly, Plaintiff's motion to redact is granted. (Doc. No. 574.) DFP's motions to seal are granted. (Doc. Nos. 583, 588.) The seal clerk is order ed to file Document Numbers 584 and 589 under seal. DFP is directed to file the redacted versions of its opposition to SDCC's motion to redact as well as its reply to its motion to seal as proposed by SDCC in the above-mentioned exhibits. (Doc. Nos. 587-1, 593-1.) Plaintiff is directed to provide the redacted portions of the transcript of the hearing on motions in limine to Judge Battaglia's court reporter. The Court orders the parties to file within seven days of this Order the documents that comply with the Court's determinations above. Signed by Judge Anthony J. Battaglia on 7/2/2019. (rmc)(cc: Transcripts clerks)
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Filing
599
Amended CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court has exhaustively and carefully considered the totality of the circumstances in this case. Having done so, the Court finds that this case stands out when compared to run of th e mill trademark infringement cases. Accordingly, in its discretion, finding this case exceptional pursuant to 15 U.S.C. § 1117(a), SDCC as the prevailing party is awarded attorneys fees and costs subject to the deductions listed above. It is ac cordingly ORDERED that SDCC is awarded attorneys fees and costs totaling $3,962,486.84. This award includes $3,767,921.06 in attorneys fees and $212,323.56 in expert costs. Judgment is entered for SDCC and against DFP, Dan Farr an indi vidual, and Bryan Brandenburg an individual, and each of them, in this amount, as well as the $20,000 awarded by the jury, in this case. Permanent injunction is issued. Accordingly, SDCCs motion for attorneys fees and costs is GRANTED IN PART AND DENIED IN PART.(tcf)
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Filing
577
ORDER (1) Denying 557 Plaintiff's Ex Parte Application to Certify Judgment for Registration in the District of Utah; (2) Denying 555 Plaintiff's Motion for an Order Permitting San Diego Comic Convention to File Document Under Seal; (3) Denying 564 Defendants' Motion to Seal Declaration of Daniel Farr. The Court denies without prejudice Plaintiff's ex parte application to certify judgment for registration in the district of Utah as moot. The Court denies Plaintiff' s motion for an order permitting San Diego Comic Convention to file document under seal and Defendants' motion to seal declaration of Daniel Farr as moot. The Court hereby directs the Clerk of Court to strike the Sealed Lodged Proposed Documents (Doc. Nos. 556, 565, 566) from the record. Signed by Judge Anthony J. Battaglia on 10/17/2018. (rmc) (Additional attachment(s) added on 10/17/2018: # 1 Stricken Document 556, # 2 Stricken Document 565, # 3 Stricken Document 566) (rmc).
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Filing
573
ORDER Denying 553 Defendants' Ex Parte Application to Stay Enforcement of Judgment. Signed by Judge Anthony J. Battaglia on 10/5/2018. (acc)
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Filing
541
ORDER Granting in Part and Denying in Part 425 Plaintiff's Motion for Attorneys' Fees and Costs Pursuant to 15 U.S.C. § 1117(a). The Court has exhaustively and carefully considered the totality of the circumstances in this case. Hav ing done so, the Court finds that this case stands out when compared to run of the mill trademark infringement cases. Accordingly, in its discretion, finding this case "exceptional" pursuant to 15 U.S.C. § 1117(a), SDCC as the prevail ing party is awarded attorneys fees and costs subject to the deductions listed above.It is accordingly ORDERED that SDCC is awarded attorneys' fees and costs totaling $3,962,486.84.7 This award includes $3,767,921.06 in attorneys' fees and $212,323.56 in expert costs. The Clerk of Court must enter judgment for SDCC and against DFP, and each of them, in this amount, as well as the $20,000 awarded by the jury, in this case. The Clerk of Court is also directed to issue the permanent injunction. As no issues remain, the Clerk is instructed to CLOSE the docket of this case. Accordingly, SDCC's motion for attorneys' fees and costs is GRANTED IN PART AND DENIED IN PART. Signed by Judge Anthony J. Battaglia on 8/23/2018. (acc)
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Filing
522
ORDER Granting in part and Denying in part 493 , 494 Plaintiff's Request for Attorneys' Fees Pursuant to Federal Rule of Civil Procedure 11(c)(2). The Court AWARDS Plaintiff $17,757.78 in attorneys' fees. Signed by Judge Anthony J. Battaglia on 7/2/2018.(acc)
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Filing
505
ORDER: (1) Granting Plaintiff's Request to Seal; and (2) Granting Plaintiff's Proposed Redactions (ECF Nos. 495 , 497 , 499 , 500 ). Signed by Judge Anthony J. Battaglia on 6/5/2018. (mxn)
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Filing
491
ORDER Denying Plaintiff and Defendants' Motions to Seal (ECF Nos. 422 , 424 , 430 , 434 , 437 , 453 , 456 , 460 , 463 , 465 , 472 , 475 , 478 , 482 ). Signed by Judge Anthony J. Battaglia on 4/10/2018. (mxn).
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Filing
297
ORDER granting in part and denying in part 277 Defendants' Ex Parte Application for Reconsideration of the Court's Order Excluding the Testimony of Clarke Nelson. Signed by Judge Anthony J. Battaglia on 10/27/2017. (acc)
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Filing
291
ORDER Granting Both Plaintiff and Defendants' Motions to Seal. [Doc. Nos. 278 , 284 ]. Signed by Judge Anthony J. Battaglia on 10/25/2017. (lrf)
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Filing
260
ORDER. The Court DENIES Defendants' motion to exclude, (Doc. No. 106), GRANTS Plaintiff's motion to exclude, (Doc. No. 91), DENIES Defendants' motions for summary judgment, (Doc. Nos. 216, 218), GRANTS IN PART AND DENIES IN PART Plaint iff's motion for summary judgment, (Doc. Nos. 95, 97), and GRANTS both parties' requests for judicial notice, (Doc. Nos. 95-1, 216-1). As to the Court's motion to strike, the Court directs the Clerk of Court to STRIKE CM/ECF Document n umber 245. Defendants are then directed to re-file their motion for summary judgment based on abandonment as a proposed lodgment and must redact the lines stated above. This proposed lodgment will be considered SEALED per the Court's order on 8/30/2017. (Doc. No. 233). Signed by Judge Anthony J. Battaglia on 9/22/2017.(acc)
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Filing
252
ORDER denying 106 Defendant's Motion to Exclude; granting 91 Plaintiff's Motion to Exclude; granting in part and denying in part 95 and 97 Plaintiff's Motion for Summary Judgment; denying 216 and 218 Defendant's Motion for Summary Judgment; granting [95-1] and [216-1] both parties' requests for judicial notice. Signed by Judge Anthony J. Battaglia on 9/12/2017. (acc)
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Filing
233
ORDER: (1) Granting Defendants' and Plaintiff's Motions to Seal (Doc. Nos. 89 , 93 , 164 , 170 , 184 , 188 , 192 , 209 , 217 , 219 , 224 , 227 ); and (2) Denying As Moot Documents 98 , 160 , and 196 . Signed by Judge Anthony J. Battaglia on 8/30/2017. (lrf)
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Filing
202
ORDER: (1) Granting Defendants' Motions to Seal; and Denying Defendants' Motion to (1) Amend the Pleading, (2) Exceed the 10-Deposition Limit, and (3) Amend Scheduling Order. (ECF 154 , 178 , 179 ) The Court GRANTS Defendants' motio ns to seal the instant motion, their reply brief, and exhibits 2, 3, 18, 19 and 21 to Mr. Barber's declaration. Additionally, finding no "good cause" and that the Rule 15 factors weigh against amendment, the Court DENIES Defendants' motion to amend the pleading, exceed the ten deposition limit, and amend the scheduling order pursuant to Federal Rule of Civil Procedure 15 and 16. Signed by Judge Anthony J. Battaglia on 7/31/2017. (aef)
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Filing
159
ORDER granting in part and denying in part 126 Plaintiff's Motion for a Protective Order. Signed by Judge Anthony J. Battaglia on 7/21/2017.(acc)
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Filing
79
ORDER regarding 72 and 73 Joint Motions for for Determination of Discovery Dispute. Signed by Magistrate Judge Jan M. Adler on 1/6/2017. (acc)
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