Published May 08, 2014Earlier this week, it was revealed that former Misfits frontman Glenn Danzig had filed a lawsuit against his old bandmates, demanding his fair share of the profits concerning all sorts of merchandise slathered with the group's logo. Now, the active members of the ghoulish punk troupe have issued a statement claiming Danzig isn't entitled to any of the profits, based on a decades-old agreement.
In a statement sent to Alternative Press, the band call the suit, launched against the band and founder Jerry Only's Cyclopian imprint, "a sour grapes tantrum based on outrageous allegations." Danzig's legal team suggest that Only registered the trademark for the Misfits behind his back, leading to licensing deals with retailers like Hot Topic. The guitarist counters this by saying a 1995 agreement between the band and Danzig had the latter willingly giving up the rights to the band name, thus allowing them to enter licensing deals without giving Danzig a share of the profits.
The Misfits also question the timing of the lawsuit, noting that Danzig has known about the licensing deals for an arsenal of items, from clothing to dishware to bathroom decor, for decades.
Only time will tell how the legal battle will play out, but you'll find the Misfits' full statement down 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.