Author Archives: Rationality

Danzig / The Misfits – Claims dismissed

On August 6, Judge Klausner dismissed Glenn Danzig, The Misfits former front man’s claims against his former bandmate Caiafa (Jerry Only) regarding licensing and sales of band related merchandise.

This was not the first suit between the parties. A 1992 suit was settled in 1994. “The 1994 Agreement contained a paragraph entitled “Merchandising” that provided that Plaintiff and Caiafa would share ownership of The Misfits’ name, trademarks, logos, and artwork that existed during the Classic Misfits Era.”

Subsequent to the settlement Caiafa, as a joint owner of the name and logos, then filed a number of trademarks related to The Misfits name and graphics, and then went on to license merchandise to retailer Hot Topic.

Danzig brought a number of claims, including Lanham Act (Trademark), breach of contract, and interference with business advantage. The court found as customer Hot Topic clearly knew Danzig was not involved in their licensing, there could be no Lanham Act / misrepresentation claim.

Danzig’s claims are dismissed, but there is leave to amend as to the claims for breach of contract and interference with business advantage.  Still pending are Danzig’s separate cancelation proceedings before the USPTO.

An amended complaint, if filed, is due by August 15.

 

A copy of the order:  Danzig_031119462929

Rational Rights