The Misfits founder Glenn Danzig's trademark infringement lawsuit against former bandmate Jerry Only has been thrown out of court.
The rocker filed a complaint against bassist Only and his company Cyclopian Music Inc. with the California Central District in April (14), claiming the pair signed a contract in 1994 agreeing to share ownership of The Misfits trademarks for merchandising purposes.
The former frontman alleges that Only began to sign deals with retailers insisting he was the sole owner of the rights "for everything Misfits-related" in 2000, including the band's iconic mascot, "the Fiend Skull".
In addition, danzig claimed Only ordered store bosses to pay him monetary penalties if they entered into any sort of agreement with the singer.
Danzig was seeking royalties owed from the merchandise sold over the years, which allegedly amounted to $75,000 (£44,242), plus interest.
But he was dealt a blow on Wednesday (13Aug14) when Judge Gary Klausner dismissed the lawsuit, stating that the rocker could not prove his case, according to Billboard.com.
Klausner's ruling states: "The terms of the 1994 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."