Dan Farr's Statement:
I imagine most people may have heard by now that we did not prevail on the trademark lawsuit against San Diego Comic Con. I do not feel we have lost. I feel the odds were very strong against us when trying prove a term is generic when our arguments were very restricted to a jury who's frame of reference is San Diego. I do feel the jury did the best they could with the limited evidence we could show them. As I return home my head is held high because of the amazing job our team did putting the case together but more importantly because of the amazing support we had from everyone back home and all around the nation. We are on the right side of this issue and in time I believe that will be made clear. The big win I feel is that it has brought so many of us together and that will always be there for us.
Please don't be sad about the outcome because we are on our way to many more great things together. As I return home I am happy to have this portion behind us and are ready to move on to levels where we believe the evidence can be reviewed objectively. Thanks for all the amazing support.
Let's all smile!
Bryan Brandenburg's Statement:
I woke up this morning facing a bright new future. The weight of the world has been lifted from Dan's and my shoulders. We have successfully cleared our names and lifted the cloud of accusation that has been surrounding us for 3 1/2 years.
- We were accused of stealing and hijacking. The jury said we were NOT GUILTY of this. There was no willful infringement.
- We were accused of trying to associate our convention with the San Diego convention. The jury said that we were NOT GUILTY of this. They found no evidence of false designation of origin.
- We were accused of causing $12,000,000 damage to the SDCC brand. They said we were the very worst offender. The jury found no evidence of damage. They awarded San Diego $20,000 in damages, less than .2% of what they asked for sending a clear message that we didn't hurt the San Diego brand and this is what will be paid out for the worst of the 140 comic cons.
- We were accused of infringing San Diego's trademarks, along with 140 other "infringers"...other conventions that call themselves "comic con". The jury said that we were guilty. San Diego said, "They're all infringers, that we and 140 other conventions that use the term comic con were guilty." So for now they have 3 valid trademarks. We think that they will still lose "comic-con". We're proud to be lumped in with some of the finest comic cons in the country.
Dan and I have no regrets about standing up for ourselves when we took action after receiving a cease and desist. In hindsight, we would not have taken the car down to San Diego. For that we apologize to San Diego Comic Con. They are a great event with great people.
This process helped me realize once again that we truly have the best fans in the world. You have been there for us and it was comforting to have so many pulling for us. We are glad that we were able to clear our names at a minimum. But there are a lot of things moving in the background which I cannot talk about. All good things.
We own the trademark for FanX. There are over 140 comic cons and one FanX. That's not a booby prize. If we needed to drop comic con from the name and just be FanX we have a trademark for that and a lot of positive brand awareness. Almost all the hundreds of thousands of people that have attended our events are familiar with that brand and name.
We're not sure exactly how things will play out. We may change our name. We may appeal. But one thing is for certain. 2018 will be our best year yet. We couldn't have done it without all the amazing support of our fans, fellow promoters like James Frazier from Walker Stalker Convention, our rockstar legal team Maschoff Brennan and Ashby D. Boyle, staff including Randall Lloyd, Jeremy Kartchner, Kelsey Kingdon, Manda Bull, Tiffany Tilton, Tamara Elsberry, Blake Casselman, Jake Williams, Ryan Call, Dave Styer, Ashlie Elizabeth Moore, Carlie Jones, Laena Ray, Chris Provost, Ro Malaga, Kip Roper, vendors, Erika Lynn Sabrowski, Ivy Melton Sales, Laura McQueen Bullen White and over 1,000 amazing volunteers, family members especially our wives Stephanie Breur Farrand Jamie Brandenburg, artists, celebrities like Lou Ferrigno, Jess Harnell, Manu Bennett, Rob Prior, panelists, authors and more.
We are humbled to now be honorary commanders at the 388th Fighter Wing and 419th Fighter Wing and get to work even closer to the hundreds of active duty air force personnel stationed at Hill Air Force Base, Utah. They have supported us through this lawsuit in so many ways.
We're appreciative especially of our partners ABC4 Utah - Good4Utah George B. Severson, Richard Doutre Jones and the late Roxanne Hasegawa. The team of GrowTix, Johnny Sloan, LeGrande America Jolley, Derek Dictter, Cory Weingarden, Kadee Beveridge Duclos have been instrumental to our success. We wouldn't be here without them.
We are so privileged to have a partnership with Paul Holbrook and POP Life that has produced FanXperiences all over Asia. The best is yet to come here...
I couldn't name all of you that made a difference....many a big, big difference. Thanks to everyone from the bottom of our hearts. It's time to put this phase of the lawsuit behind us and be grateful. We have built a tight knit community. We are family. We are one tribe of nerds and geeks. Happy Holidays. 2018 is going to be our best one yet.