In a move that’s left much of the punk rock world wondering what took him so long, Glenn Danzig has filed a suit against former Misfits bandmate Jerry Only, claiming the bassist registered trademarks for everything Misfits-related in 2000 behind Danzig’s back, violating a 1994 contract.
As Re-Tox write, Danzig’s suit alleges that by misappropriating exclusive ownership of the Misfits’ marks — including their iconic ‘Fiend Skull’ logo — Only has violated a contract in which he, Danzig, and others agreed that they would share ownership of the marks for merchandising purposes.
Danzig alleges that after registering the trademarks, Only then secretly entered into deals with various merchandisers — including most famously US alt-store Hot Topic, who sell everything from Misfits bikinis, to Misfits UGG boots and onesies — and cut Danzig out of any potential profits.
In the suit, Danzig and his legal team write that Only has misled merchandisers by misrepresenting himself as the exclusive owner of the Misfits marks and “instructing” them that if they enter into license agreements with Danzig, they must pay the musician a license fee or a monetary penalty.
“The exact amount of money due from [Only] is unknown to Danzig and can only be ascertained through an accounting. Danzig seeks an order from this Court directing [Only] to provide him with an accounting and payment of the amount due as a result of the accounting, plus interest,” they write.
Danzig asserts that he is solely responsible for the success of the band, which he founded in 1977 and for which he wrote the majority of the music and lyrics, later welcoming Only into the group, before making his egress in 1983 to pursue other projects, including his eponymous band, Danzig.
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