The Greater Houston Convention and Visitors Bureau is asking a federal judge to stop a rival comic convention from using the phrase “Space City” for its three-day festival scheduled for NRG Center over Memorial Day weekend.
The convention bureau filed a request Friday for a temporary restraining order to prevent Space City Comic Con from continuing to use the phrase the bureau trademarked 12 years ago to promote the city.
The bureau owns 50 percent of another comic convention, Comicpalooza. That show is scheduled for the George R. Brown Convention Center in mid-June.
U.S. District Judge Nancy F. Atlas heard the request at 3 p.m. Monday, but did not issue a ruling. The dispute has been brewing for months but reached the courthouse earlier this year when the bureau sued Space City Comic Con along with its owner George Comits over alleged trademark infringement. The bureau is seeking profits from previous shows in which Comits used “Space City” as part of its name.
That was the early story. The judge has since declined to issue the TRO to the Visitors Bureau.
Instead of a court order, she suggested a much simpler solution: adding a disclaimer on tickets and brochures that Space City Comic Con event is not affiliated with the Greater Houston Convention and Visitors Bureau.
“I’m not prepared to shut the conference down,” Atlas said.
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The convention bureau calls Comicpalooza, which drew about 45,000 visitors last year, “Houston’s Official Comic Con.” In its request for a temporary restraining order, the bureau said the use of “Space City,” is causing irreparable harm to its business of promoting tourism, trade and conventions in the Houston area.
Not only will it likely cause public confusion, it will also destroy the bureau’s goodwill and reputation with its current and prospective customers, the convention bureau said in court documents.
During the hearing Monday, Atlas pointed out that the bureau’s arguments gave her pause, since many businesses already use “Space City,” a nod to Houston’s long-time connection to the space industry through NASA’s Johnson Space Center. She also questioned why the bureau waited so long to seek a restraining order after filing suit in February.
[Space City Comic Con owner George] Comits testified that the bureau won’t even put Space City Comic Con on its calendar of events because of its investment in Comicpalooza. Atlas was surprised to learn that the convention and visitors bureau had a financial interest in Comicpalooza. “Really?” she asked.
See here for the background. Judge Atlas has scheduled a hearing on the request for the TRO today at 8 AM, so we could have an answer to that part of the fight shortly. I personally remain lukewarm to the idea that “Space City” is a term that requires traademarking or that people will be confused by two different events at two different locations in two different months, but then considering how little information people have about other things, I can see an argument. I like the disclaimer suggestion and hope the two sides can work this out peacefully.
I question how the Convention Bureau got a trademark on “space city” 12 years ago. I’ve heard that phrase a lot longer than 12 years. Seems like that would be public use, just like “bayou city.”