Glenn Danzig Suing Misfits Bandmate Jerry Only

Former Misfits singer Glenn Danzig has filed suit against bassist Jerry Only (real name Gerrard Caiafa), alleging that he was cut out of a lucrative merchandising deal with retailer Hot Topic that could be worth millions.

Danzig, the group’s original singer and a founding member, claims that Only registered trademarks “for everything Misfits-related in 2000? without his knowledge or consent. According to the complaint, filed by Danzig on April 3 with the California Central District Court, Only is in breach of a 1994 contract, which bound him to share merchandising rights with Danzig and others. Danzig also claims that Only misappropriated sole ownership over the band’s iconic “fiend skull” logo, and misled merchandisers.

“Caiafa has prevented and continues to prevent other retailers, including Hot Topic, which is the largest retailer of the MISFITS products, from entering into licenses with Danzig and/or his designee to merchandise products bearing the Fiend Skull and other Marks by falsely instructing the merchandisers that he is the exclusive owner of the Marks, and that, if they enter into a license agreement with Danzig to exploit the Marks, they must pay Caiafa a license fee and/or a significant monetary penalty. Among others, Caiafa directed such threats specifically to merchandiser Hot Topic in Los Angeles, the location of Hot Topic’s corporate offices, causing Hot Topic to refuse to license the Fiend Skull from Danzig to this day.”

Danzig further alleges that Only’s misrepresentations to merchandisers have caused him damages “in excess of $75,000, plus interest at the legal rate.”

“The exact amount of money due from Caiafa is unknown to Danzig and can only be ascertained through an accounting. Danzig seeks an order from this Court directing Caiafa to provide him with an accounting and payment of the amount due as a result of the accounting, plus interest.”

According to noisey.com, Danzig managed to sneak a dig at Only into section 9 of the complaint:

“After forming the band, Danzig replaced the original bass player with Caiafa, whose primary qualification was that he had recently received a bass guitar for Christmas.”

This isn’t the first time that Hot Topic has found itself involved in trademark litigation: rocker Joan Jett filed suit against the retailer last year for trademark infringement and false advertising related to its Blackheart Clothing Co. brand. Danzig also filed suit earlier this year against a former distributor for unpaid royalties.

The Misfits disbanded in 1983. Danzig founded the band Samhain, and then the eponymous Danzig, which he currently fronts. A second version of the Misfits, led by Only, has continued to record and perform since its inception in 1995. In his suit, Danzig makes a distinction between the two bands, calling Only’s version “imitation Misfits.”