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Drama

JERRY ONLY Countersues GLENN DANZIG Over MISFITS Trademark

Posted by on June 30, 2014 at 2:30 pm

The drama between Glenn Danzig and Jerry Only over the Misfits trademarks continues. You may recall that back in May, Glenn Danzig filed a lawsuit against his former band mate, Jerry Only over the Misfits trademark and various licensing deals made with that trademark. Previously, Only responded by calling the suit sour grapes, but now he's taken it one step further by countersuing.

Re-Tox uncovered the news, as they had with the original suit, and they're reporting that Only filed the countersuit in California last week saying there is zero basis in fact and that it's way too late to be filing the suit:

Now Jerry Only and his acrobatic lawyer have taken it one step further, filing legal documents that take issue with Danzig’s allegations for several reasons, namely: 1) Danzig waited too long to file his lawsuit, 2) Danzig never actually attempted to use the Misfits trademarks, and 3) Danzig pretty much made up all his arguments without providing anything even remotely resembling evidence.

Only claims Danzig offers zero facts to back up his ludicrous claims, such as the claim that he created the “Fiend Skull” logo. Moreover, Only says Danzig’s arguments are so vague and immaterial, they’re nearly impossible to respond to. Only uses the example of Danzig’s alleged deal with Hot Topic, which Danzig has accused Only of sabotaging. Only says Danzig never shows proof he even had a deal with Hot Topic in the works, or how Only played a role in it falling to pieces.

In New York, there is a 6-year statute of limitations and the Misfits trademarks were filed in 2000 and 2004, meaning it's at least four years too late for Danzig to complain according to the countersuit. Also, Only claims that since Danzig never actually uses the trademarks, he has no right to it.

This is getting messy fast! We'll keep you posted if there are any developments.

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