Misfits Call Glenn Danzig Lawsuit ‘Sour Grapes’ in Lengthy Statement
It was recently reported that former Misfits frontman Glenn Danzig filed a lawsuit against his onetime bandmate Jerry Only alleging trademark infringement. With their iconic ‘Crimson Ghost’ mascot, the Misfits name and logo has launched several lucrative merchandising deals since Danzig's departure and it appears that Danzig feels he’s unjustly missing out on a piece of the proverbial pie.
Danzig’s April 3 complaint references a 1994 contract, in which he states that the stakeholders agreed to share ownership of the Misfits trademarks moving forward. He also claims that Only subsequently registered trademarks “for everything Misfits-related in 2000” without his knowledge or involvement.
Only and Cyclopian Music are now firing back at Danzig, calling the lawsuit “sour grapes” and that he had made it clear he wanted no part of the band or their trademarks. In a statement given to Alternative Press, Only and the rest of the current Misfits explain the specifics behind the arrangement. Details 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.
--Misfits / Misfits Records
It sounds very cut and dry but this is likely only the beginning of the legal battle. Stay tuned for the details regarding this lawsuit as they continue to evolve.