Jerry Only Is Now Countersuing Glenn Danzig Over Misfits Merchandising Dispute
Back in April, original Misfits frontman Glenn Danzig filed a lawsuit against bassist Jerry Only, alleging that Only registered Misfits-related trademarks and made numerous licensing deals behind Danzig’s back, putting the iconic “Fiend Skull” logo on a bunch of tacky shit and intentionally cutting him out of the profits. In response, Jerry Only’s attorney released a statement saying that Danzig signed away his legal rights to the Misfits brand in 1995 and calling his suit a “sour grapes tantrum based on outrageous allegations.”
The situation is only getting messier, as Only is now filing a countersuit against Danzig. Because more lawsuits always make everything better! According to Re-Tox:
Only claims Danzig offers zero facts to back up his ludicrous claims, such as the claim that he created the “Fiend Skull” logo. Moreover, Only says Danzig’s arguments are so vague and immaterial, they’re nearly impossible to respond to. Only uses the example of Danzig’s alleged deal with Hot Topic, which Danzig has accused Only of sabotaging. Only says Danzig never shows proof he even had a deal with Hot Topic in the works, or how Only played a role in it falling to pieces.
For Only’s part, he cites a 6-year statute of limitations in New York which alone would bar Danzig’s breach of contract claim (Cyclopian applied for Misfits trademarks in 2000 and 2004, meaning Danzig filed his lawsuit at least 4 years too late). Secondly, Jerry argues trademark ownership takes effect only when someone actually uses the trademarks, which Jerry plainly did and Danzig did not.
We’ll see what happens next, but I think we can agree that no one here is going to come off looking particularly good.
(via Metal Injection)