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8 May 2014Trademarks

Ownership of Misfits ‘fiend skull’ logo in dispute

Glenn Danzig, ex-member of punk outfit Misfits, is suing the group for damages over the use of the band’s ‘fiend skull’ logo, which he claims he has rights to.

Danzig has filed a lawsuit against Misfits’ founding member Jerry Only, real name Gerald Caiafa, and the band’s label Cyclopian Music Inc over attempts to register the trademarked designs with the US Patent and Trademark Office.

He claims the attempts violate a 1994 agreement between himself and Caiafa to share the rights over the name ‘Misfits’ and the associated logo and artwork.

Danzig left Misfits in 1983 to pursue other musical projects. In 2000, Caiafa formed a new group with the same name, and registered ‘Misfits’ as a trademark.

He later entered into a merchandising deal with retailer Hot Topic, which used the logo in a variety of products including t-shirts, bikinis and Ugg boots. In the complaint, Danzig claims he did not receive any royalties from this commercial partnership.

The band said: “Glenn Danzig has no legal right to, and no interest in, Cyclopian’s Misfits licences or business ventures period. Danzig’s lawsuit is nothing more than a calculated attempt to unfairly and improperly enrich himself from revenue streams to which he is not entitled.”

The design of the logo was inspired by the 1946 film Crimson Ghost and was first used by the band for a poster advertising a concert in 1979.

The lawsuit was filed last month at the Central District of California, Western Division.

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