Danzig suit for Misfits merch thrown out
2014-08-13 by Dalton DuBois | 34 Comments
Glen Danzig's recent lawsuit against former Misfits bandmate Jerry Only has been ruled out
by a federal judge. Danzig filed the lawsuit in May alleging that Only withheld a portion of
the profits from Misfits merchandise sales that were due to Danzig, and that Only
inappropriately registered the band's trademarks in his own name which, Danzig alleged,
violated a 1994 agreement to share ownership of the Misfits trademark(s) among the band
members.

Unfortunately for Danzig, Judge R. Gary Klausner of the United States District Court for the
Central District of California sided with Only, who claimed that he hadn't breached the 1994
contract since Danzig left the band (despite the fact that Danzig left the band in 1983).

Klausner wrote:
"The terms of the provision do not address any obligation regarding trademark
registration or negotiations with individual retail merchandisers. Moreover, in reviewing
the other provisions contained in the 1994 Agreement, the Court also finds no other terms
that govern the parties’ conduct as it pertains to trademarking and licensing.

(Only) and Danzig will each retain 100% of what each earns from the exploitation of
merchandising rights and neither (Only) nor (Danzig) has any obligation to account to the
other for any revenues derived from the exploitation of merchandising or any other rights".


Tagged: Misfits

Comments:Add a Comment 
scottpilgrim10
August 13th 2014
4336 Comments


finally

Digging: Weezer - Songs From The Black Hole

KjSwantko
August 13th 2014
9446 Comments


Sweet can't wait for the next record

Futures
August 13th 2014
12062 Comments


what

Digging: Damien Rice - My Favourite Faded Fantasy

djunior
August 13th 2014
816 Comments


ugh

Digging: Kiasmos - Kiasmos

LepreCon
August 13th 2014
4151 Comments


arse

Futures
August 13th 2014
12062 Comments


ok

TPM731
August 13th 2014
238 Comments


Oh dear...

LepreCon
August 13th 2014
4151 Comments


shower of bastards

KjSwantko
August 13th 2014
9446 Comments


fucking cant wait

Futures
August 13th 2014
12062 Comments


lol

LepreCon
August 13th 2014
4151 Comments


Teabaggers

GringoSuave89
August 13th 2014
1049 Comments


-_-

Digging: Old Man Gloom - The Ape of God I

DatsNotDaMetulz
August 13th 2014
1847 Comments


I'm so confused right now

Devastator
August 13th 2014
2513 Comments


Cool

TPM731
August 13th 2014
238 Comments


What the hell just happened with this article?

Trebor.
Contributing Reviewer
August 13th 2014
50864 Comments


Jerry Only should never have been able to use the Misfits name/image/songs tbh

Digging: Bobby Barnett - Little Wounds

theacademy
Staff Reviewer
August 13th 2014
28785 Comments


yea its kinda fucked up

Futures
August 13th 2014
12062 Comments


wtf just happened

DatsNotDaMetulz
August 13th 2014
1847 Comments


Oh clever, deleting all references to THAT to make it seem like it makes sense.

SourAK
August 13th 2014
1630 Comments


lol nice

theacademy
Staff Reviewer
August 13th 2014
28785 Comments


wtf just happened



Danzig got fucked

Futures
August 13th 2014
12062 Comments


or u rewrote this which is ok because the first one is garbage

SourAK
August 13th 2014
1630 Comments


finally

melonade
August 13th 2014
1112 Comments


Who fucking cares

Digging: Attila - Guilty Pleasure

theacademy
Staff Reviewer
August 13th 2014
28785 Comments


there's a new sheriff in town ;)

Futures
August 13th 2014
12062 Comments


i like it

zaruyache
August 13th 2014
7250 Comments


Yeah what happened [2]

Digging: Sleepytime Gorilla Museum - In Glorious Times

Green Baron
August 13th 2014
20238 Comments


and his name is the Victor Cruz shirt

GringoSuave89
August 13th 2014
1049 Comments


wait wut? wasn't this a Brokencyde article?

Green Baron
August 13th 2014
20238 Comments


oh, so this was the brokencyde article...

thank you acad

minimesmyidol
August 14th 2014
219 Comments


So both of them can sell misfits merch with the skull, etc and keep all their profit even though the trademarks are under Jerrys name?
Doesnt make any sense to me…
How does having the trademarks in Jerrys name benefit him if any co owner can use the designs without his or anyone elses consent?
Seems like jerry just found a loophole to fuck danzig out of possible retailers.

LepreCon
August 14th 2014
4151 Comments


Article changed and my first comment was deleted. Titty sprinkles.

barbietattoo
August 14th 2014
17 Comments


I was wondering what a Danzig suit would look like, and also what settings they are appropriate to wear in

Departures
August 14th 2014
894 Comments


Look at the mess that is the related reviews section for this article.



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