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Posted on May 07, 2014 01:33 pm
Former Misfits singer Glenn Danzig is suing the band's bassist Jerry Only, claiming Jerry had registered trademarks for everything Misfits-related behind his back.
As Re-Tox reports, Danzig claims Jerry broke the 1994 contract in which the group agreed to share ownership of all Misfits trademarks.
"Caiafa has purposefully led merchandisers, including Hot Topic, to believe that they are legally bound not to accept licenses to exploit the Marks from Danzig or his designees, and Caiafa continues to do so," the complaint reads.
"Caiafa's misrepresentations have proximately caused injury to Danzig by causing merchandisers not to do business with him, and have deceived consumers as to the source of merchandise bearing the Marks, because the vast majority of the Misfits fans associate the Marks with the 1977-1983 classic Misfits era when Danzig was the creative heart of the Misfits, and not with Caiafa's imitation Misfits.
"Caiafa's false advertising and misrepresentations to merchandisers and consumers have caused Danzig to suffer damages in excess of $75,000, plus interest at the legal rate. Caiafa's aforementioned conduct was done with the intention to deprive Danzig of property and legal rights and otherwise to cause injury, and was despicable conduct that subjected Danzig to cruel and unjust hardship in conscious disregard of his rights, so as to justify an award of exemplary and punitive damages.
"The exact amount of money due from Caiafa is unknown to Danzig and can only be ascertained through an accounting. Danzig seeks an order from this Court directing Caiafa to provide him with an accounting and payment of the amount due as a result of the accounting, plus interest," the lawsuit concludes.