Glenn Danzig Suiing Misfits Bassist Over Merchandising of Skull Logo
Posted by Jeffrey Harris on 05.07.2014
Danzig wants his fair share…
Billboard reports that Glenn Danzig has filed a lawsuit against former bassist of The Misfits, Gerald Caiafa aka Jerry Only, for capitalizing on the commodification of the band's famous "Fiend Skull" logo.
Danzig filed the lawsuit against Caiafa in a California district court over a month ago on April 3. He's claiming that since 200, when the band broke up for good after singer Michael Graves and drummer Dr. Chud walked offstage during a performance at Chicago's House of Blues, Caiafa has been violated the band's 1994 merchandising contract by telling retailers he was the sole owner of the band's trademark logo.
The claim reads as follows:
"Caiafa has prevented and continues to prevent other retailers, including Hot Topic, which is the largest retailer of the Misfits products, from entering into licenses with Danzig and/or his designee to merchandise products bearing the Fiend Skull and other Marks by falsely instructing the merchandisers that he is the exclusive owner of the Marks."
Danzig is also accusing Caiafa of demanding that these stores pay him monetary penalties, as well as licensing fees, if they enter into any sort of agreement with the former.
The flame also reads that, "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." Legally, Caiafa and his brother Paul, aka Doyle Wolfgang von Frankenstein, retained the rights to record and perform as the Misfits after the band broke up in 1983.
Danzig claims also reportedly amount to $75,000 plus legal interest rates. However, the suit stipulates that Caiafa hire an accountant to figure out how much money is really owed Danzig. Caiafa has not yet responded to the lawsuit.