Glenn Danzig’s lawsuit against his former Misfits colleagues has been thrown out of court after a judge ruled he hadn’t proved any of the allegations.
The singer launched legal action in May, claiming bassist Jerry Only had cut him out of profits from merchandise sales.
Danzig, who left the band in 1983, claimed he’d created the band’s Fiend Skull character and had been “the creative heart of the Misfits,” and was entitled to a share of income. But Only accused his ex-colleague of having a “sour-grapes tantrum” and called for the case to be dismissed, insisting he hadn’t breached any terms of an agreement reached when Danzig left the band.
Now Judge Gary Klausner has terminated proceedings in the Central District of California Court, saying that, regardless of Danzig’s creative input, the agreement allows Only to make money from Misfits merch – and therefore there is no breach for Danzig to sue over.
Klausner says: “The terms of the 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."
The Misfits launch an extensive four-month tour later this week, while Danzig celebrates the 30th anniversary of his band Samhain by hitting the road next month.
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