Jerry Only countersues Glenn Danzig over Misfits trademark

Posted by on June 30, 2014

Remember when Misfits used to make music? They still do, but they’re much more known for their skull logo and lawsuits these days. Mainly because the logo is everywhere, and the band members are suing each other over it. A few months ago, former Misfit and cat fancier Glenn Danzig sued current Misfits bassist/vocalist and Jerry Only over the infamous logo and a deal with mallcore store Hot Topic, claiming Only violated a 1994 contract when signing a deal with the merchandiser. However, Re-Tox says that Only has just countersued, claiming that Danzig not only waited too long to file the lawsuit, but that he never attempted to use the Fiend Skull logo himself and that he made up all of his arguments.

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.

At this point, the lawsuits are more interesting than either bands’ musical output, especially since it’s been at least three years since either released one and quite a bit longer since either released an essential one.

[Re-Tox via Metal Injection]

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