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Misfits’ Jerry Only Demands Dismissal of Danzig Lawsuit: He’ s Out of Touch with Reality

The merch war continues! Misfits bassist Jerry Only is taking Glenn Danzig to task — after the former Misfits singer sued Only for allegedly cutting him out of a lucrative merchandising deal with Hot Topic — claiming the Danzig lawsuit isn’t just too little too late, it has ZERO BASIS IN FACT.

Jerry (along with his company Cyclopian Music) filed the new legal documents in California district court last week, asking a judge to dismiss the Danzig lawsuit in its entirety with prejudice. In the process, Jerry suggests what many people have suspected for years: Danzig has utterly lost touch with reality.

RE-TOX broke the Danzig lawsuit story last month. Danzig sued Jerry Only for breach of contract, claiming Only registered trademarks for everything Misfits-related in 2000 behind Danzig’s back, misappropriating exclusive ownership over the marks for himself, including the band’s iconic “Fiend Skull” logo.

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By doing so, Danzig — who describes himself in the lawsuit as the “creative heart of the Misfits” who first thought of using skeletal figures and motifs in the band’s performances – claims Jerry violated a 1994 contract, in which Danzig, Jerry, and others agreed to share ownership of the Misfits trademarks for merchandising purposes.

Despite the 1994 agreement, Danzig claims Only secretly entered into deals with various merchandisers, including Hot Topic, after registering the Misfits trademarks, and cut Danzig out of any potential profits in the process. Danzig says Jerry even threatened to withhold licensing rights from merchandisers if they did business with Danzig at all.

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After Danzig’s lawsuit was filed, Only’s attorney issued a statement, claiming, “Danzig’s lawsuit can only be described as a sour grapes tantrum based on outrageous allegations, the majority of which are completely false, while others are ill conceived and grossly misguided.”

Now Jerry Only and his acrobatic lawyer have taken it one step further, filing legal documents that take issue with Danzig’s allegations for several reasons, namely: 1) Danzig waited too long to file his lawsuit, 2) Danzig never actually attempted to use the Misfits trademarks, and 3) Danzig pretty much made up all his arguments without providing anything even remotely resembling evidence.

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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.

Those are three main arguments. Only makes a bunch more, but truthfully, they’re so rooted in legal technicalities, it’s hard to tell who’s actually screwing whom.

Nevertheless, both Only and Danzig have resorted to such legal pettiness that it pretty much doesn’t matter anymore. It’s hard to pick sides when they’re both assholes. Also, we can probably all agree that Hot Topic Misfits merch should be set aflame on principle alone.

No matter what, here’s hoping Danzig files a manic sternly-worded response. Because this is getting too good.

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Misfits Singer Glenn Danzig Sues Over Hot Topic Deal, Claims Ex-Bandmate Cut Him Out Completely

Original Misfits singer Glenn Danzig claims he got zero from a lucrative merchandising deal with Hot Topic, potentially worth millions, and he’s blaming his former bandmate for cutting him out.

Danzig has filed suit against Misfits bassist Jerry Only — real name Gerrard Caiafa — claiming Jerry registered trademarks for everything Misfits-related in 2000 behind Danzig’s back, misappropriating exclusive ownership over the marks for himself, including the band’s iconic “Fiend Skull” logo.

By doing so, Danzig claims Jerry violated a 1994 contract, in which Danzig, Jerry, and others agreed to share ownership of the Misfits trademarks for merchandising purposes.

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After registering the trademarks, Danzig alleges Jerry then secretly entered into deals with various merchandisers, including Hot Topic, and cut Danzig out of any potential profits in the process. Danzig claims Jerry even threatened to withhold licensing rights from merchandisers if they did business with Danzig at all.

Danzig — who left The Misfits in 1983 — is suing for breach of contract and more. He insists he’s solely responsible for the Misfits fame as a founding member of the group, and deserves his fair share of merchandising profits.

Fun fact: Jerry Only is the creator of the Devilock hairdo.

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UPDATE: A representative for The Misfits and Jerry Only has issued a statement, calling Danzig’s lawsuit “a sour grapes tantrum based on outrageous allegations, the majority of which are completely false.”

Read the full statement below:

“In 1995, Misfits founding member Jerry Only secured the exclusive legal right to tour and record as the Misfits, and, in accordance with those legal rights, launched a licensing program through Cyclopian Music. At the same time, Glenn Anzalone—professionally known as Glenn Danzig (former co-founder and Misfits vocalist circa 1977 to 1983) —made clear that he wanted no public association with the Misfits or Cyclopian Music’s business endeavors.

“Despite full knowledge of Cyclopian Music’s use of the Misfits’ name and logos for decades, Glenn Danzig curiously filed a lawsuit on April 3rd, 2014 seeking a portion of the proceeds from Cyclopian Music’s activities with which he has had no involvement whatsoever. Danzig’s lawsuit can only be described as a sour grapes tantrum based on outrageous allegations, the majority of which are completely false, while others are ill conceived and grossly misguided—and will be proven false in court. Reports of Glenn Danzig’s lawsuit and the falsehoods within it, however, have resulted in the dissemination of misinformation regarding the nature of Glenn Danzig’s baseless claims and Cyclopian Music’s rights.

“For example, Jerry Only and Cyclopian are under no obligation, legal, contractual or otherwise, to obtain consent, or approvals of any kind, from former member Glenn Danzig in connection with their use of the Misfits name or logos. Apparently Danzig’s own product line doesn’t sell as well as he might like, but the fact of the matter remains that Jerry Only and Cyclopian Music’s Misfits licenses, business activity and merchandising endeavors are 100% lawful and consistent with their legal rights.

To be clear, Glenn Danzig has no legal right to, and no interest in, Cyclopian’s Misfits licenses or business ventures period. Danzig’s lawsuit is nothing more than a calculated attempt to unfairly and improperly enrich himself from revenue streams to which he is not entitled.”

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