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Jerry Only Files Response to Danzig's Lawsuit and Please God Let This End

Lawyer up, everybody.

by Dan Ozzi
Jun 27 2014, 6:49pm

You may remember last month, we reported about how the Misfits are taking a big ol’ dump on your fond memories of their music. The members have been fighting over who should be pocketing the money they’ve been making off of all the tacky crap they’ve lent their name to. Danzig filed a lawsuit against Jerry Only, trying to get his hands on some of that sweet, sweet Hot Topic money. Now (oh, god, who gives a shit at this point?), Jerry Only has proven that he also knows a lawyer and has fired back with a lengthy legal document with lots of law-type words in it of his own.

The folks at RE-TOX, who have been on this story like white on the crimson ghost logo, have done the yeoman’s work of breaking down the 20-page document. We’ll spare you all the legal bickering between two grown men in black mesh shirts, but basically, there are three main arguments in Only’s claim: 1. That Danzig waited too damn long and should’ve done this within the six-year statute of limitations. 2. That Danzig never attempted to use the Misfits trademark, and 3. That Danzig has not provided any actual, you know, evidence. And if we can make up a fourth point: That Danzig can’t bench nearly as much as him.

Another wonderful aside mentioned in the documents is that Danzig didn’t even sue the right guy, pointing out that Danzig sued “Gerald Caiafa,” whereas Jerry Only’s real name is Gerard Caiafa.

Check out RE-TOX’s post for a pretty thorough explanation. Or just start throwing your Misfits bathing suits and crimson ghost coasters into the fireplace. Whatever’s easier.

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