The Hot Topic-Misfits war is finally over, and (SURPRISE) life just handed another bitter lemon to Glenn Danzig.
The former Misfits singer won’t be getting a single cent from that enormous Hot Topic merchandising deal — despite suing his former bandmate and arch nemesis Jerry Only for a chunk of the empire – because, as justice would have it, a judge has officially tossed Danzig’s lawsuit out of court.
(Check out Noisey’s full article on all the pathetic Misfits memorabilia currently being hawked by HT.)
RE-TOX broke the Glenn Danzig lawsuit story a couple months ago. Danzig sued Only in April, but on August 6th, a U.S. district judge in California dismissed Danzig’s lawsuit on grounds the suit was an embarrassing failure.
The primary failure, according to the court order, was that Danzig failed to state a claim upon which relief may be granted (i.e. his arguments just weren’t up to snuff). Danzig had argued that Only violated the terms of a 1994 contract, in which Danzig, Jerry, and others agreed to share ownership of the Misfits trademarks (including the band’s iconic “Fiend Skull” logo) for merchandising purposes.
Danzig claimed Only also violated the agreement by threatening to withhold licensing rights from merchandisers if they did business with Danzig at all.
As a result, Danzig said Only owed him a fat check. Yadda yadda.
Unfortunately, according to the judge, Danzig failed to allege which terms of the 1994 agreement Only actually breached. In the ruling, the judge notes that the merchandise provision of the 1994 agreement grants each co-owner (Danzig, Only, whoever) the “non-exclusive right to conduct merchandising and to exploit other rights relating to the use and exploitation of the name Misfits.” AND that each will retain 100% of what each earns individually from exploiting these merchandising rights.
The best part: the agreement even states that neither Only nor Danzig has any obligation to pay the other person in the event one makes more money than the other.
Translation: Danzig doesn’t have a leg to stand on.
As for Danzig’s allegation that Only employed unsavory business tactics – threatening retailers to boycott Danzig — the judge was unsympathetic.
Danzig could still amend his complaint — and, who knows, he might — but for now it’s game, set, match.