Misfits’ Jerry Only Files Legal Docs To Dismiss Glenn Danzig’s Suit Over Band’s Trademarks
The battle between past and current members of Misfits continues. Bassist Jerry Only, who has remained with the band over the years, has now filed a countersuit against former frontman Glenn Danzig over the band’s trademarks.
Earlier this spring, Danzig filed suit against Only over the rights to a lucrative merchandising deal the band had signed with Hot Topic. According to Danzig’s suit, he claims that Only registered trademarks for “everything Misfits-related in 2000″ behind his back.
Now, Re-Tox reports that Only has gotten his case together and has filed new legal documents in a California District Court last week in which he asked for a judge to dismiss Danzig’s suit in its entirety.
After Danzig’s initial lawsuit was filed, Only’s attorney issued a statement saying, “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.”
In Only’s filing, they point out that the case should be thrown out because Danzig waited too long to file his suit, the rocker never actually attempted to use the Misfits trademarks and Danzig’s offered vague arguments and failed to show any factual basis for his claims. Only points to the Hot Topic deal, stating that not only had Danzig failed to prove he had an alleged deal with the retail company, he also failed to show how Only had any role in how said deal fell to pieces.
Only also cites New York’s six-year statute of limitations, adding that his trademark applications were filed in 2000 and 2004, meaning that Danzig’s suit now is outdated.