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Brands & Merch Business News Legal
Danzig’s Misfits merch lawsuit thrown out
By Andy Malt | Published on Thursday 14 August 2014
A judge has thrown out Glenn Danzig’s legal claim that he is owed money on merchandising deals done by former Misfits bandmate Jerry Only.
As previously reported, Danzig argued that Only had locked him out of merch deals, denying him money he was due and breaching a 1994 agreement between band members on how ownership of the band’s trademarks should be shared.
However, according to Re-Tox, when the case came to court earlier this month, a judge pointed out that in his claim Danzig had failed to say which specific terms of the 1990s agreement had been breached. He also noted that the terms of that contract granted each band member the right to exploit Misfits trademarks individually, and states that no money earned on any such deals has to be shared with any other members.
Billboard reports that in his ruling, the judge said: “The terms of the [1994] provision do not address any obligation regarding trademark registration or negotiations with individual retail merchandisers. 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”.
Danzig may still re-submit his complaint.
