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Misfits leader Jerry Only has returned fire in the wake of a new lawsuit filed by band founder Glenn Danzig, which alleges Only misappropriated exclusive ownership of the band’s trademarks and used them to reap profit via merchandising deals, most notably with US alt-chain store Hot Topic.
In a statement released to Alternative Press, Only slams Danzig’s suit as “nothing more than a calculated attempt to unfairly and improperly enrich himself from revenue streams to which he is not entitled” and states that legally, Danzig has no rightful claim to any Misfits merchandising revenue.
According to the statement, Only secured “the exclusive legal right to tour and record as the Misfits” in 1995, “in accordance with those legal rights, [he] launched a licensing program through Cyclopian Music.” Meanwhile, Danzig had made it clear that he wanted no association with either party.
“Despite full knowledge of Cyclopian’s use of the Misfits’ name and logos for decades, Danzig curiously filed a suit on April 3rd, 2014 seeking a portion of the proceeds from Cyclopian’s activities with which he has had no involvement whatsoever. Danzig’s lawsuit can only be described as a sour-grapes tantrum based on outrageous allegations, the majority of which are completely false.”
In the statement, Only also clears up what he refers to as “misinformation” reported by the media as a result of Danzig’s suit. He insists that neither he, the band, nor Cyclopian are under any obligation to obtain consent from Danzig in connection to the use of the Misfits name or their iconic logos.
“Apparently Danzig’s own product line doesn’t sell as well as he might like,” writes the bassist, “but the fact of the matter remains that Jerry Only and Cyclopian Music’s MISFITS licenses, business activity and merchandising endeavors are 100% lawful and consistent with their legal rights.”
Watch: Misfits – Dig Up Her Bones
Jerry Only Official Statement
In 1995, Misfits founding member Jerry Only secured the exclusive legal right to tour and record as the Misfits, and, in accordance with those legal rights, launched a licensing program through Cyclopian Music. At the same time, Glenn Anzalone—professionally known as Glenn Danzig (former co-founder and Misfits vocalist circa 1977 to 1983) —made clear that he wanted no public association with the Misfits or Cyclopian Music’s business endeavors.
Despite full knowledge of Cyclopian Music’s use of the Misfits’ name and logos for decades, Glenn Danzig curiously filed a lawsuit on April 3rd, 2014 seeking a portion of the proceeds from Cyclopian Music’s activities with which he has had no involvement whatsoever. Danzig’s lawsuit can only be described as a sour grapes tantrum based on outrageous allegations, the majority of which are completely false, while others are ill conceived and grossly misguided—and will be proven false in court. Reports of Glenn Danzig’s lawsuit and the falsehoods within it, however, have resulted in the dissemination of misinformation regarding the nature of Glenn Danzig’s baseless claims and Cyclopian Music’s rights.
For example, Jerry Only and Cyclopian are under no obligation, legal, contractual or otherwise, to obtain consent, or approvals of any kind, from former member Glenn Danzig in connection with their use of the Misfits name or logos. Apparently Danzig’s own product line doesn’t sell as well as he might like, but the fact of the matter remains that Jerry Only and Cyclopian Music’s Misfits licenses, business activity and merchandising endeavors are 100% lawful and consistent with their legal rights.
To be clear, Glenn Danzig has no legal right to, and no interest in, Cyclopian’s Misfits licenses or business ventures period. Danzig’s lawsuit is nothing more than a calculated attempt to unfairly and improperly enrich himself from revenue streams to which he is not entitled.
— Misfits / Misfits Records
