Glenn Danzig Loses Misfits Lawsuit Over Merchandise

8:59 AM PST 08/14/2014 by Joe Lynch, Billboard
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Danzig claimed Only entered into contracts with stores to sell merch behind his back

Glenn Danzig's lawsuit against former Misfits bandmate Jerry Only — who leads the oldies-circuit incarnation of the groundbreaking punk band — has been thrown out of court.

Danzig claimed Only entered into contracts with various stores, including Hot Topic, to sell Misfits merch behind his back. Danzig hoped to prove those contracts violated a 1994 contract the band signed regarding profits gleaned from the trademarked Misfits logo.

But Judge Gary Klausner tossed out the lawsuit, saying Danzig couldn't prove his case.

"The terms of the [1994] provision do not address any obligation regarding trademark registration or negotiations with individual retail merchandisers," Klausner ruled. "Moreover, in reviewing the other provisions contained in the 1994 Agreement, the Court also finds no other terms that govern the parties' conduct as it pertains to trademarking and licensing."

Jerry Only played bass and sang backup vocals in the Misfits during their classic 1977 to 1983 run, while Glenn Danzig handled lead vocals. The group disbanded in 1983 but reformed in 1995. and has enjoyed underground adulation — not to mention teenage T-shirt ubiquity — ever since.

This story originally appeared on Billboard.com.

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