Glenn Danzig, the original lead man of The Misfits, filed a lawsuit on April 3rd against, Jerry Only. The lawsuit stems from Danzig having issues with the Misfits ‘fiend skull’ logo on tacky and tasteless merchandise.
The iconic Misfits skull has been worn on tshirts for decades. According to Blabber Mouth and StereoGum, in 2000, Only signed a contract with Hot Topic licensing the trademarked logo to be used on many different types of products from shoes, to hats, to bikinis, and shower curtains. Danzig is suing Only for signing the deal without his knowledge and interfering with Danzig’s rights to merchandising the trademark.
Jerry Only released a statement to AltPress.com stating that Danzig had left his rights to the logo behind more than 20 years ago. Only contends to having the sole legal rights of touring and recording. He then launched a licensing program called, Cycolpain Music which he used to brand the logo. According to the statement, Danzig wanted “no public association” with the band after he left and signed away his rights when he left the band in 1983. Only also contends to being 100% lawful with his contracts and is not violating any others.
“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.” Danzig has waited fourteen years later to make any moves against the Misfits brand and the reason is most likely to receive what he believes is his portion of the profits made by the logo.
The official statement reads:
“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.”