Danzig suit for Misfits merch thrown out 2014-08-13 by ASnideReturns | 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".
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Tagged: Misfits
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finally
| | | Sweet can't wait for the next record
| | | ugh
| | | arse
| | | Oh dear...
| | | shower of bastards
| | | fucking cant wait
| | | Teabaggers
| | | -_-
| | | I'm so confused right now
| | | Cool
| | | What the hell just happened with this article?
| | | Jerry Only should never have been able to use the Misfits name/image/songs tbh
| | | yea its kinda fucked up
| | | Oh clever, deleting all references to THAT to make it seem like it makes sense.
| | | lol nice
| | |
wtf just happened
Danzig got fucked
| | | finally
| | | there's a new sheriff in town ;)
| | | Yeah what happened [2]
| | | and his name is the Victor Cruz shirt
| | | wait wut? wasn't this a Brokencyde article?
| | | oh, so this was the brokencyde article...
thank you acad
| | | 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.
| | | Article changed and my first comment was deleted. Titty sprinkles.
| | | I was wondering what a Danzig suit would look like, and also what settings they are appropriate to wear in
| | | Look at the mess that is the related reviews section for this article.
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