Misfits bassist Jerry Only has called for Glenn Danzig's lawsuit against him to be dropped, arguing it has no basis in fact.
The pair's years-long argument over merchandises rights went to court last month after Danzig filed papers claiming he'd created the band's Fiend Skull character, but had been bypassed when Only trademarked the device and cut his own merch deals.
Describing himself as the "creative heart of the Misfits," Danzig also stated that a 1994 contract between he and Only meant he was entitled to a share of all merch income.
Only's lawyer recently said: "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 a ill-conceived and grossly misguided."
Now Re-tox.com reports the bassist has filed a motion to dismiss the complaint "with prejudice." His documents present three points of law. He says that a statute of limitations means any legal action should have been taken at least four years ago. He adds that Danzig never tried to use Misfits trademarks, meaning he has no right to them in law. And he claims the arguments in his former bandmate's paperwork are all without evidence. His filing contains dozens of test-case examples to support his position.
Responding to Danzig's suggestion that he "was responsible for the Misfits placing skeletal patters and motifs in their performance," Only says the claim is "without a shred of factual enhancement."
A judge will rule in due course.