In the late 1990s, Troy Duffy was an unknown writer/director working as a bouncer in a bar in Hollywood. He had moved to Hollywood a few earlier in the hopes of making it big. While working at the bar, Duffy met independent film producer Chris Brinker. Duffy shared with Brinker the script for The Boondock Saints. Together, they successfully shopped the Film and attracted interest in the properties from big name entertainment and music companies, including Miramax Films and Mavericks Records.
The Film was eventually financed and distributed by Franchise Pictures in conjunction with Comerica Bank. Though it had a limited theatrical release, when it hit the home theater market, The Boondock Saints became the highest grossing video rental at Blockbuster Stores during its six month run. Despite its huge cult success, years went by and creators Duffy and Brinker did not see a dime.
Through a combination of tenacity and audacity, Duffy and Brinker’s investigation uncovered Franchise Pictures’ complicated financial scheme whereby in direct violation of their contract with Franchise, Franchise first sold the Film in packages with other Films when it was distributed and then, with Comerica Bank, had the profits from The Boondock Saints to pay off the debt for less popular films also financed by Comerica. A series of lawsuits were filed against Franchise Pictures, Comerica Bank, the film’s major domestic distributor, Spartan Home Entertainment, LLC, and various other distribution companies and their officers and directors.
After years of unsuccessful litigation, Duffy and Brinker brought in Foley Bezek Behle & Curtis, LLP. Through FBB&C’s creative and aggressive representation, the officers and directors of all companies except Spartan settled on “confidential” terms. FBB&C was now primed to take on the major players – Comerica Bank, Spartan, and Spartan’s executives. The first trial was against Comerica Bank. That trial ended in a confidential settlement after FBB&C rested its case. Very soon after that settlement, the companion case against Spartan settled for a “confidential” cash payment and long-term royalty payments to FBB&C’s clients related to the distribution of the Film on DVD.
Obviously unhappy, Spartan filed a new retaliatory lawsuit against Duffy and Brinker alleging trademark infringement of Film-related merchandise that Duffy and Brinker had been distributing for years. FBB&C acted aggressively and decisively, filing a counterclaim against Spartan and getting Spartan’s entire case thrown out on summary judgment in the same year. Negotiations with Spartan on the counterclaim resulted in a very favorable settlement for Duffy and Brinker that included a “confidential” payment, return of the theatrical rights for the Film, as well as confirmation of Duffy and Brinker’s exclusive rights to the trademarks and merchandise for both The Boondock Saints and the sequel, The Boondock Saints II: All Saints Day.