Misfits Sue Book Publisher For Using The Band’s “Fiend Skull” Design

According to Blabbermouth, Misfits have filed a lawsuit against publisher Abrams for using the band’s “Fiend Skull” artwork for a photobook, titled “Scream With Me – The Enduring Legacy Of The Misfits,” without authorization. The complaint was filed by Misfits AD, the company that Glenn Danzig and Jerry Only established to manage their intellectual property, including trademarks and copyrights.

The following was said in the lawsuit:

“[Abrams’ photobook] is rife with large-scale, repeated, and unlicensed reproductions of Misfits A.D. intellectual property. For example, the cover of the photobook prominently displays, without authorization, the Misfits A.D. ‘Fiend Skull design’ trademark and, in doing so, misleads consumers into believing that the photo book has been approved by, or is associated with, Misfits A.D., which is indisputably false.

The photobook also unabashedly copies wholesale copyrighted artwork associated with the MISFITS’ musical recordings and releases. The MISFITS’ copyrighted artwork is an integral part of the band’s extensive and highly successful line of officially licensed merchandise and its world famous lifestyle brand. In addition, the named authors of the infringing photo book have been falsely affiliating themselves with the MISFITS in connection with advertising and promoting the publication and release of the book, further harming Misfits A.D.”

The complaint also added:

“In addition to the infringing cover of the Book, the Book is structured around the MISFITS Artwork with chapters that consist entirely of unauthorized uses of the MISFITS Artwork, with each of the MISFITS Artwork reproduced multiple times on multiples pages of the Book and using both exact copies and variants of the MISFITS Artwork.”

Misfits A.D. reportedly sent Abrams a cease and desist letter after finding out about the book. The publisher said they got clearances from other copyright holders for the foreword, interviews, quotes, and a number of photographs in the book, but the lawsuit claims they denied needing authorization to use the “Fiend Skull” artwork.

UPDATE: Abrams have since issued a statement to Blabbermouth:

“Abrams intends to vigorously defend the lawsuit that has been filed on behalf of the MISFITS around the recent publication of the book ‘Scream With Me’.

As the plaintiff admits, the parties corresponded about this matter last July through their counsel. At that time, Abrams pointed out to the MISFITS’ counsel that the book’s publication was permissible under well-established trademark and copyright precedent. We are surprised to now see this baseless lawsuit nearly eight months later.

We are confident that the limited use of content that is alleged to be original to the MISFITS in the ‘Scream With Me’ book is well within the parameters of fair use. This same issue has been litigated in the recent past and courts have consistently held that such works are permissible, including in a well-known New York federal court case concerning a GRATEFUL DEAD visual book that documented the history of that band. In that 2006 case, the United States Court of Appeals for the Second Circuit held that the pictorial history of the GRATEFUL DEAD was a permissible fair use.

Rather than having a sound legal basis, this lawsuit against Abrams seems to be mostly about the MISFITS’ desire to publish their own book. Just as there can be multiple books about the GRATEFUL DEAD, there can be multiple books about the MISFITS.”

The Original Misfits Announce Philadelphia Show With Dropkick Murphys & Agnostic Front

The Original Misfits have announced that they will be performing at Wells Fargo Arena in Philadelphia, PA on December 14. Dropkick Murphys and Agnostic Front will serve as support. This news comes after Glenn Danzig previously claimed that the band’s recent New York concert would be their final reunion show.

Glenn Danzig Says There Will Be “No More Misfits Shows” After Their New York Concert

According to Glenn Danzig, Misfits’ October 19 concert at Madison Square Garden in New York, NY will be their final reunion show. The frontman confirmed the news to Bionic Buzz while on the red carpet of the September 16 premiere of Rob Zombie’s new movie “3 From Hell.” He simply said the following: “no more Misfits shows except for MSG.” This news isn’t too surprising considering legal documents previously surfaced and seemed to suggest that the band were only obligated to play 10 shows following a settlement between Danzig and Jerry Only. However, it’s worth mentioning that this show will be their 12th. On another note, I recently went to the band’s Oakland, CA show and my review can be found HERE.

[via Metal Injection]

Concert Review: Misfits, Rancid, The Damned, & Cro-Mags In Oakland, CA

Last night (September 11), I attended The Original Misfits’ show at Oracle Arena in Oakland, CA and it was an extraordinary night of legendary punk.

Harley Flanagan’s Cro-Mags opened the show, which they dedicated to the victims of the September 11, 2001 terrorist attacks. The short, hard-hitting set was the perfect way to kick things off and those who showed up early were not disappointed. The group played a number of tracks from their catalog, but one of the highlights was “No One’s Victim” off their latest EP “Don’t Give In.”

As soon as Cro-Mags were done, The Damned took the stage for an awesome set. The band sounded great and they were certainly one of the strongest acts of the night. They were also very energetic, especially keyboardist Monty Oxymoron, who kept breaking out in crazy dances. Highlights from their set included “Smash It Up” and “Love Song.”

Once The Damned finished up, it was time for the East Bay’s own Rancid. The band busted right out of the gate with “Roots Radicals” and continued to play hit after hit with several songs from their latest album “Trouble Maker” thrown in for good measure. The band seemed to be having a great time onstage, which is cool to see and they even had a few humorous stories for the fans. One notable one was from guitarist Lars Frederiksen, who said he asked his son if he wanted to celebrate his 12th birthday with his dad’s band and the Misfits, or if he wanted to go see Iron Maiden at the same venue the night prior. He said the kid rejected the offer to see his band almost instantly, saying “Maiden bro!” Aside from that anecdote, other highlights from the group’s set included performances of “Fall Back Down,” “Time Bomb,” and “Ruby Soho.”

After Rancid, the legendary Misfits descended upon the stage to bring Halloween to the crowd 50 days early. The band opened with “Death Comes Reaping,” before launching into “I Turned Into A Martian” and “Vampira.” The nearly 30 song set was amazing and the band sounded absolutely incredible. Despite the years of feuding between Glenn Danzig and Jerry Only, everything went off without a hitch. Danzig’s vocals were as powerful as ever and Only and Doyle’s stage antics were fun to watch. Having a masterful drummer like Dave Lombardo (ex-Slayer, etc.) and a killer guitarist like Acey Slade (Dope, Murderdolls, etc.) only enhanced the experience as well. Aside from the music and showmanship, the band also had solid stage production with big screens that changed the imagery for each track, cool light displays, big jack-o’-lanterns, etc. As far as highlights go, it was definitely cool to see the group perform tracks like: “Mommy, Can I Go Out and Kill Tonight?,” “Horror Business,” “Hollywood Babylon,” “Skulls,” Where Eagles Dare,” “Last Caress,” “Die, Die My Darling,” and their closer “We Are 138.” All in all, it was phenomenal show full of timeless classics.

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Rancid were sick earlier! #rancid @rancid

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The Damned killed it earlier! #thedamned

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Cro-Mags rocking earlier! #cromags

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The Original Misfits Announce New York City Show

The Original Misfits have announced that they will be performing at Madison Square Garden in New York, NY on October 19. Rancid and The Damned will open.

Legal documents recently surfaced and seemed to suggest that the band were only obligated to play 10 shows following a settlement between Glenn Danzig and Jerry Only. However, this show is their 12th to be announced. Here’s the group’s current schedule:

08/17 Las Vegas, NV – Mandalay Bay Resort & Casino (Psycho Las Vegas)
09/07 Denver, CO – Fiddler’s Green Amphitheatre (feat. The Distillers, The Damned & Cro-Mags)
09/11 Oakland, CA – Oracle Arena (feat. Rancid, The Damned & Cro-Mags)
09/14 Seattle, WA – White River Amphitheatre (feat. The Distillers, The Damned & Cro-Mags)
10/19 New York City, NY – Madison Square Garden (feat. Rancid & The Damned)

Super7 Release New Motörhead And Misfits Action Figures

Super7 have released some new action figures of Motörhead’s “War Pig” and Misfits’ Jerry Only. You can purchase those HERE.

[via The PRP]

The Original Misfits Announce Oakland, CA Concert, Glenn Danzig Says The Band Are “Not Gonna Do Many More” Reunion Shows

The Original Misfits have announced an Oakland, CA show with Rancid, The Damned, and Cro-Mags. The concert will be held at Oracle Arena on September 11. The Misfits’ previous reunion shows have seen Glenn Danzig and Jerry Only performing with Doyle, Dave Lombardo (ex-Slayer, etc.) and Acey Slade (ex-Murderdolls, etc.).

In other news, Danzig recently told Full Metal Jackie that the Misfits are not planning to do too many more reunion shows [via Loudwire]:

“Well, I don’t tour anymore anyway. Maybe I’ll put together like a week or two shows here on the West Coast, or maybe on the East Coast and that’s it. With the Misfits thing, we just kinda got back together and just decided we’d do it here or there, and just not make it a grind kinda tour. We just want to make each event special. We’re not gonna do many more. I know we just announced Seattle and Denver, but I’m pretty sure there’s not gonna be many more of them.

So people should see it while they can because, I know, next year I go out with Danzig again for Europe and may do some dates here in the States. I gotta do a Danzig Sings Elvis thing – select shows maybe around the country. Those will be more special. There’s no seating. It’s all tables. It’s gonna be a very cool kind of old school vibe. This year I’ve got some time off in between working on the movie, so we decided to do a couple extra shows. Then, that’ll be it I think for a while.”

This news isn’t too surprising considering legal documents recently surfaced and seemed to suggest that the band had a contractual obligation to play 10 shows following a settlement between Danzig and Only. Notably, the Oakland show is their 10th show to be announced. Here’s the group’s remaining dates:

06/29 Los Angeles, CA – Banc Of California Stadium (feat. Rise Against, The Distillers, Anti-Nowhere League, and Cro-Mags)
09/07 Denver, CO – Fiddler’s Green Amphitheatre (feat. The Distillers, The Damned, and Cro-Mags)
09/11 Oakland, CA – Oracle Arena (feat. Rancid, The Damned, and Cro-Mags)
09/14 Seattle, WA – White River Amphitheatre (feat. The Distillers, The Damned, and Cro-Mags)