The Last Bass Outpost
Main Forums => The Outpost Cafe => Topic started by: Dave W on March 25, 2016, 05:10:23 PM
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A trademark dispute that makes me smile.
Punk Band Misfits Issues Trademark C&D To 'Punk Rock Flea Market,' Receives C&D From Flea Market In Return (https://www.techdirt.com/articles/20160308/10555233837/punk-band-misfits-issues-trademark-cd-to-punk-rock-flea-market-receives-cd-flea-market-return.shtml)
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The article isn't very clear. Glenn Danzig has not been in the Misfits since 1983 and has no part of this suit. As a matter of fact, he lost his OWN lawsuit against the Misfits recently over royalty sharing from a 1995 agreement between he and current Misfits band leader Jerry Only which completely shut him out of all Misfits royalties. The flea market actually makes the argument that because he is NOT in the band, the band has no right to claim ownership of the logo, which is undermined by the previous ruling, but I think it's more for laughs than anything.
The real Misfits were a horror-punk band who had few fans ("We are 138" referred to the number of members in the national fan club)and imploded years before their influences started popping up in thrash metal bands, namely Metallica, who made them famous on their Garage Days Re-Revisted EP with a mashup of "Last Caress" and "Green Hell". The 1995 royalty agreement came from a revival tour series by bassist Jerry Only who recruited singer Michale Graves and fronted a serious incarnation until Graves left for good in 2000. I saw them on tour in '99 and still have Jerry's oversized forearm sweatband he chucked into the crowd; great show and faithful to the spirit of the original incarnation.
Jerry's a very nice guy; he stayed for two hours after the show signing any and everything and talking to anyone who was interested. Problem is, he's a father and family man who has tried to reconcile his personal conservative politics/religion with being in a band who got famous singing about killing babies and slinging dead cats on poles for Halloween and has turned what now remains of the Misfits into a joke worse than post-fascist Dave Mustaine, making them into a pseudo-Christian rock parody.
Hot Topic merch sales alone will keep Only comfortably wealthy for the rest of his life and Glenn Danzig has stated many times unequivocally that he will never play with Only again, so the band is about over in whatever incarnation it now resides and this suit is simply a cash grab.
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Is it just me, or is there something amusing and ironic about a discussion that discusses punk rock (and The Misfits at that) and royalties in the same breath? ;D
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i think the misfits were famous long before metallica came along. i still have some original misfits vinyl around. i don't think i have heard the jerry version of the band. but i like this.
https://www.youtube.com/watch?v=lSavJ85fDyg
not so evil, kinda' nice but factually questionable.
https://www.youtube.com/watch?v=4kE5dS7pq0A
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i think the misfits were famous long before metallica came along.
Metallica was playing the East Coast and recording in the New York/New Jersey area for John Zazula's Megaforce records in 1982, (Kill 'Em All came out in 1983) so odds are decent that Metallica may have actually seen the Misfits play. Glenn and Jerry agree on one thing only: the Misfits barely ever had an audience in the old days, which is why Glenn, aside from animosity to his old friend, has expressed no interest in reforming that band. Last year's Danzig solo release, Skeletons, is an album of covers and more like Misfits material than anything else he has done and bluntly, it's terrible. The only saving grace is that the just-released video for his cover of N.I.B. has lots of topless and barely dressed women- watch it with the sound off.
It was Cliff and his Crimson Ghost tattoo and shirts on the Master of Puppets tour that had so many people asking about them and also what prompted Rick Rubin to seek out Samhain, convince Glenn to drop ambience for blues rock in 1987 and created his most successful, eponymous band. After four albums, Glenn and Rubin parted ways over- wait for it- royalties and the band began falling away and he has never recaptured that level of success. I have every Danzig album and most of his solo releases and if I lost the ones post-Rubin the only one I would miss is Deth Red Sabboth, which was Glenn's most "classic Danzig" effort. It's telling that when Glenn emptied his vaults for outtakes from the Rick Rubin era, The Lost Tracks of Danzig outsold all of the band's post-4p (fourth album) output combined.
i don't think i have heard the jerry version of the band. but i like this.
There have been multiple incarnations, each straying progressively further from what the Misfits were. Doyle, Jerry's brother and guitarist, left the Misfits for good a few years ago and now orbits the Danzig camp fronting his own band. The first "reunion" tour with Michale Graves was a very credible effort, with a good album, Famous Monsters and Graves ably being belting out 'fits classic without being a Danzig wannabe or parody. After that the band devolved and began relying on various projects for publicity while milking the band's decaying 70's legacy. Jerry and Doyle were supposedly partnering with a revived US-made Acoustic amp company (before Guitar Center bought out the name and began selling them; anyone remember the post from the crazy guy who owned the name in the amps section here a few years ago?) and selling their own line of guitars and basses which were supposedly manufactured in a family owned factory in New Jersey, but aside from a single magazine review bass, I don't think they were ever built.
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The article isn't very clear. Glenn Danzig has not been in the Misfits since 1983 and has no part of this suit. As a matter of fact, he lost his OWN lawsuit against the Misfits recently over royalty sharing from a 1995 agreement between he and current Misfits band leader Jerry Only which completely shut him out of all Misfits royalties. The flea market actually makes the argument that because he is NOT in the band, the band has no right to claim ownership of the logo, which is undermined by the previous ruling, but I think it's more for laughs than anything.
......so the band is about over in whatever incarnation it now resides and this suit is simply a cash grab.
Looks to me like the counter C&D is pointing that out, i.e. The Misfits aren't the real Misfits in any way. That probably wouldn't hold any legal weight if the band were to file suit, since the band as a legal entity does apparently hold a trademark on the font. IMHO the purpose of the counter C&D is to ridicule the idea of the current band threatening a lawsuit, hoping that the threat of ridicule will make the band think twice about going any further.
Is it just me, or is there something amusing and ironic about a discussion that discusses punk rock (and The Misfits at that) and royalties in the same breath? ;D
Yep, another irony.
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what made the original misfits great imho, was that the songs were good. vocal melodies and guitar hooks were in abundance, crammed into 2 min., no solo songs.
kinda' sounds like the ramones, don't it.
https://www.youtube.com/watch?v=QVfeLavkFso
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I always get a kick out of this stuff. I graduated high school with Jerry.
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...and so it continues.
http://www.rollingstone.com/music/news/misfits-jerry-only-explains-how-he-reunited-with-glenn-danzig-20160513
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Now that's a real surprise.
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I thought: "The Misfits? Clark Gable and Marilyn Monroe?"
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Anarchy in the UK died a death many years back... it appears at the "system" won, and as for Mr Johnny "Rotten" Lydon... appears it landed butter-side up... :mrgreen:
www.youtube.com/watch?v=7mSE-Iy_tFY
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I'm going to read this as "we're both broke and need money"
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The drummer in my band is upset because the reunion tour was going to stop here in Toronto, but the festival they were gonna play dropped the ball on some regulatory /permit stuff and is now cancelled. He's spending a lot of time in Detroit lately (filming a doc about a proto punk group from there... which just so happenned to start getting a bit of press recently) so I told him to see if he could catch them there and he brightenned up.
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I'm going to read this as "we're both broke and need money"
That's probably it. Even so, if they can pull it off, why not?
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That's probably it. Even so, if they can pull it off, why not?
Same thing I was thinking. The original audience is now much older and feeling nostalgic and they have money to burn. This will prop up record sales and the merch business at the shows will probably do a bang up business. If they run this thing right it's pretty lucrative retirement plan.
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research shows danzig does not need the money.
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=danzig%20net%20worth
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I thought: "The Misfits? Clark Gable and Marilyn Monroe?"
That's actually where the band name came from.
I'm going to read this as "we're both broke and need money"
That's my take too. Danzig stopped touring a couple years ago and the article about his net worth vastly overstates his assets. Jerry's insistence at continued touring after numerous members quitting also makes me suspect he needs the cash too.
Fun fact: when I was driving to my hometown for my father's funeral last year, I was stuck on the highway behind Glenn Danzig. He was driving a black Prius with a "Danzig" vanity plate and the chick who is with him on the cover of the "Skeletons" album was in the passenger seat. He's also a left-lane bandit. I got some pics with my phone but because I'm a phone-technophobe, trying to give him some distance, and was a bit otherwise preoccupied with driving and dreading the funeral, you can't really see anything in them, but I got several close looks when I finally passed him. I did consider it supreme irony that I was inadvertently escorted to the funeral by one of my musical "fathers."
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I think it's far more telling that he has a vanity plate with his name on it. :roll eyes:
Maybe it's not the money - maybe its narcissism.
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He was driving a black Prius with a "Danzig" vanity plate and the chick who is with him on the cover of the "Skeletons" album was in the passenger seat.
Oh wow, she's hot:
(http://www4.pictures.zimbio.com/gi/Kayden+Kross+2016+AVN+Adult+Entertainment+Oo31ZMZ2X_Zl.jpg)
Kayden Kross
Featured in quite a few adult movies.
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I had no idea who she was, just saw her in person and then saw the album cover later. Danzig has used tons of strippers and porn stars in his videos over the years so I didn't really pay attention (I dated an "adult model" years ago and most of my female friends in college were strippers, so the whole 'porn star' bit does nothing for me) but they didn't look like they were on a business trip, especially in rural East Tennessee ...but it was April 15 last year when Skeletons could've been having its cover shoot. Danzig has a house in Franklin just south of Nashville and the car had Tennessee plates. Maybe Skeletons was recorded there, though that's nothing to be proud of.
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Oh wow, she's hot:
(http://www4.pictures.zimbio.com/gi/Kayden+Kross+2016+AVN+Adult+Entertainment+Oo31ZMZ2X_Zl.jpg)
Kayden Kross
Featured in quite a few adult movies.
I know nature when I see it. That is not her true hair color at all.
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I spent quite a lot of time in Hollyweird when I was out on the left coast & only managed to run into Glenn one time.
Apparently he didn't really go out much.
He also still keeps himself pretty buff:
(http://img2-ak.lst.fm/i/u/770x0/e09ac231761d47c48488f109dfa69b39.jpg)
That belt buckle is pretty cool. If I didn't play guitar & bass, I might have one.
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I know nature when I see it. That is not her true hair color at all.
This reminds me of a line from a spoof of Madonna's "Like A Virgin" that I heard on the radio years ago. The girl was saying---
"I want to show you in a special way--I was a brunette but I'm a blonde today."
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I had none of that nasty double-entendrin' subliminal and alludin' innuendo in mind, honest!
Besides, if I may baldly state, with current pub(l)ic tastes and given Ms Kross' professional CV, I doubt there would be anything de(t)(l)ectable of evidentiary value given this forum's excruciatingly high scientific validation standards!
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I can hear it now....
"Please, just validate me ONE more time!!!" :rolleyes:
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I can hear it now....
"Please, just validate me ONE more time!!!" :rolleyes:
to the tune of Britney Spears' biggest hit
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Besides, if I may baldly state, with current pub(l)ic tastes and given Ms Kross' professional CV, I doubt there would be anything de(t)(l)ectable of evidentiary value given this forum's excruciatingly high scientific validation standards!
Google image search agrees mostly, though there was one old picture which more or less confirms your original assertion, though the carpet is lighter than the drapes.
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Google image search agrees mostly, though there was one old picture which more or less confirms your original assertion, though the carpet is lighter than the drapes.
I salute PBG as a dedicated researcher and seeker of Truth! ;)
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Scientific commitment, that is what count's here!
Did really no one notice that my comment about "knowing nature when I see it" did not really apply to her hair? 8)
She has nice freckles though and those look all natural.
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I knew you weren't talking about her hair.
Remember that silicone is just one e away from silicon, a 100% natural chemical element. :-X
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Yes, nature can be beautiful!
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I knew you weren't talking about her hair.
Remember that silicone is just one e away from silicon, a 100% natural chemical element. :-X
my generation can tell you that "just one E " can make a big difference
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"Providing the collars and cuffs match" James Bond ;D
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You can tell her boobs are fake just from the tank top-shot in this thread; natural breasts don't have top cleavage or stay that symmetrically round. For a porn star, her boob job was excellent, but for any other woman, not so much. ...and in my defense, for my defense of her bush (such as it is) Uwe, you referenced her pubic region immediately preceding. Besides, I drive a full size pickup. She was in the passenger seat of a Prius on a clear sunny day. I had a great view down her tank top in person. Ehh :-\
I hope the Misfits reunion is good.