Judge refuses to stop Space City Comic Con Hearing lawsuit by Houston convention bureau, she suggests adding disclaimer

Charlie Hunnam as Jackson in "Sons of Anarchy," an FX Network show about bikers. He is scheduled to appear at Space City Comic Con over Memorial Day weekend. Charlie Hunnam as Jackson in "Sons of Anarchy," an FX Network show about bikers. He is scheduled to appear at Space City Comic Con over Memorial Day weekend. Photo: Ray Midshaw Photo: Ray Midshaw Image 1 of / 9 Caption Close Judge refuses to stop Space City Comic Con 1 / 9 Back to Gallery

The Greater Houston Convention and Visitors Bureau went to federal court Monday, asking a judge to block a comic convention from using "Space City," which the bureau trademarked more than a decade ago.

But U.S. District Court Judge Nancy F. Atlas was skeptical of the convention bureau's argument that allowing Space City Comic Con to use Houston's long-standing moniker would confuse people and lead them to believe that event was sanctioned by the Greater Houston Convention and 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.

The hearing was the latest development in the dispute between Space City Comic Con, a three-day festival scheduled for NRG Center over the Memorial Day weekend, and the convention and visitors bureau, which has a 50 percent take in a rival pop culture event, Comicpalooza, scheduled for the George R. Brown Convention Center in mid-June. The convention bureau sued Space City Comic Con and its owner, George Comits, for trademark infringement earlier this year.

Comits agreed to add a disclaimer to printed materials as well as social media. But Charles Baker, the Houston lawyer representing the bureau, told Atlas that his client still wanted to pursue the case. "Disclaimers don't work all the time," he said.

Atlas scheduled a hearing on a temporary restraining order for 8 a.m. Wednesday.

Comits said in an interview that he believes the convention bureau is seeking the court order because it doesn't want competition for Comicpalooza. He noted that the bureau's request for the restraining order followed his recent announcement that British actor Charlie Hunnam, who played Jackson "Jax" Teller in the television series "Sons of Anarchy," would make a rare personal appearance at Space City Comic Con.

The TV series, which ran from 2008 to 2014 on the FX network, follows the members of an outlaw motorcycle club in California. "This is a big sexy male star, said Comits. "Women want to meet this guy."

Social media is "on fire" with the excitement, he added, and fans are buying tickets.

A.J. Mistretta, spokesman for the bureau, said his organization is "vigorously defending" its trademark and that its request for a restraining order is a step in that legal process.

Space City Comic Con has already booked 40 stars who will be on hand to sign autographs and take photographs with fans, according to Comits. Last year, the festival, which grew rapidly after starting in a hotel lobby in 2012, drew about 10,000 visitors a day.

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.

More Information Founding date: 2008 – Comicpalooza 2012- Space City Comic Con 2015 attendance: 45,000 Comicpalooza 18,000 Space City Comic Con Scheduled location: George R. Brown Convention Center – Comicpalooza NRG Center – Space City Comic Con Featured entertainers: Comicpalooza: Sigourney Weaver, who played the character Ellen Ripley in the science fiction horror film "Alien," and Kate Beckinsale, who appeared in the horror film series "Underworld," which included a role as a vampire. Space City Comic Con: Charlie Hunnam, who played Jackson "Jax" Teller in the television series "Sons of Anarchy," and William Shatner, who played Captain Kirk in "Star Trek" television series. Dates: Comicpalooza: June 17-19 Space City Comic Con: May 27-29 Three-day admission: Comicpalooza:$66 Space City Comic Con:$75

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.

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.