Former frontman for the Misfits, Glenn Danzig, is suing the current Misfits bassist Jerry Only over the trademark for their iconic symbol, known as the “Crimson Ghost” or the “Fiend Skull”.
According to Danzig, he and Only signed a contract in 1994 agreeing to share trademark and merchandising rights for Misfits memorabilia. Recently, Danzig realized that Only had been signing deals with retailers claiming to be the sole owner of the rights as early as 2000. According to the lawsuit, Only also threatened companies with monetary penalties if they entered into any sort of agreement with Danzig.
The most notable aspect of the suit is a lucrative deal with Hot Topic, America’s largest retailer for Misfits merchandise. If he wins, Danzig could be entitled to royalties from years’ worth of merchandise sales rumored to be worth $75,000.
In trademark infringement cases, an attorney can argue profit losses a few different ways, depending on the circumstances.
The first method involves actual damages, which are defined as any demonstrable loss from the infringing activity, which in this case would be Danzig’s lost percentage from the merchandising deals.
The second method involves profits, which consist of any money the infringer made off of fraudulent activity, like the money Only made from representing himself as the only owner of the trademark.
The third method estimates statutory damages, which are determined solely by the patent office when the first two methods are insufficient.
There are different variables to consider: whether or not the infringement was intentional, how many instances of infringement actually occurred and how much the infringer is worth. Damages can range from $750 to $30,000 per infringement.
Trademark infringement cases can be complicated. If you are involved in a trademark dispute, call Klein Trial Lawyers and discuss your case with one of our experienced trademark lawyers. We know the law and are ready to fight for you.
[Did You Know: After they divorced, Alex Van Halen sued his ex-wife for using the famous family name in her new interior decorating business.]
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