Defendants Seek Sanctions In San Diego “Comic-Con” Battle
Los Angeles Daily Journal, March 12, 2018
Defendants in a recent trial over the rights to the name “comic-con” say the plaintiff is improperly seeking to undo the jury’s finding that the infringement wasn’t willful
Glen A. Rothstein, an IP and entertainment attorney at Rothstein Law APC who is not involved in the case, explained that Federal Rule of Civil Procedure 50(a) allows a party to move for judgment as a matter of law before the case is submitted to a jury. Rule 50(b) allows a party to do the same post-verdict, but only as to the same issues first broached in the original Rule 50(a) motion.
“They’re simply attempting to seek a second bite at the apple,” Rothstein said. “If the [Plaintiff’s] Rule 50(b) motion raises new arguments previously left untouched, then such a motion is procedurally infirm.”