The Danzig/Misfits Lawsuit Just Got Real, Yo
In May, word got out that Glenn Danzig is suing Jerry Only for allegedly “violating the band’s 1994 merchandising contract by telling retailers he was the sole owner of the band’s trademark logo” since 2000. This made a lot of people say, “HUH?”, because, I dunno if you’ve noticed, but it’s 2014, and that’s a llllllooooonnnnngggg time for one party to be violating a legal agreement before the other party notices/does anything about it.
One of the people who said “HUH?”, of course, was Mr. Only himself… and he has now said “HUH?” via legit legal means: he’s countersuing Danzig! Reports Re-Tox (by way of Metal Injection):
“…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.
“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.
Of course, fuck do I know?, but when you hear someone say that Glenn Danzig has been acting the fool, it’s not hard to believe. There are a lot of things you can call Glenn Danzig, but “sane” and “intelligent” are not amongst those things.
In any case, I really hope this doesn’t get settled out of court. Really just for the sake of my own ongoing entertainment.
