Danzig suit for Misfits merch thrown out

2014-08-13 by Dalton DuBois | 27 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
4747 Comments


finally

KjSwantko
August 13th 2014
9449 Comments


Sweet can't wait for the next record

djunior
August 13th 2014
877 Comments


ugh

Digging: Niechec - Niechec

LepreCon
August 13th 2014
5029 Comments


arse

TPM731
August 13th 2014
240 Comments


Oh dear...

LepreCon
August 13th 2014
5029 Comments


shower of bastards

KjSwantko
August 13th 2014
9449 Comments


fucking cant wait

LepreCon
August 13th 2014
5029 Comments


Teabaggers

GringoSuave89
August 13th 2014
1104 Comments


-_-

Digging: Deftones - Gore

DatsNotDaMetulz
August 13th 2014
2671 Comments


I'm so confused right now

Devastator
August 13th 2014
2756 Comments


Cool

Digging: Thrice - Vheissu

TPM731
August 13th 2014
240 Comments


What the hell just happened with this article?

Trebor.
Contributing Reviewer
August 13th 2014
52906 Comments


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

Digging: Grandview - Everything Between Paint and a Wall

theacademy
Staff Reviewer
August 13th 2014
29438 Comments


yea its kinda fucked up

DatsNotDaMetulz
August 13th 2014
2671 Comments


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

SourAK
August 13th 2014
1629 Comments


lol nice

theacademy
Staff Reviewer
August 13th 2014
29438 Comments


wtf just happened



Danzig got fucked

SourAK
August 13th 2014
1629 Comments


finally

theacademy
Staff Reviewer
August 13th 2014
29438 Comments


there's a new sheriff in town ;)

zaruyache
August 13th 2014
12301 Comments


Yeah what happened [2]

Digging: Sacrilege (UK1) - Behind the Realms of Madness

Green Baron
August 13th 2014
22229 Comments


and his name is the Victor Cruz shirt

Digging: Weezer - The White Album

GringoSuave89
August 13th 2014
1104 Comments


wait wut? wasn't this a Brokencyde article?

Green Baron
August 13th 2014
22229 Comments


oh, so this was the brokencyde article...

thank you acad

minimesmyidol
August 14th 2014
307 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
5029 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
950 Comments


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



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