It’s no secret that prior to reuniting as The Original Misfits for a thus far very profitable run of reunion shows, ex-Misfits vocalist Glen Danzig and bassist/vocalist Jerry Only had been locked in years of litigation regarding the band’s trademarks and profits.
According to legal documents obtained by D.X. Ferris for MetalSucks, it seems that the reunion shows were in fact not a burying of the hatchet between the two musicians, but rather a contractual obligation per an apparent legal settlement.
Glenn himself appeared to be on the losing end of the trademark dispute prior to the reunion shows coming to pass. Rather than continue a costly war of attrition in court, it would appear that Only relented on some of his concerns in regards to the merch in exchange for Danzig to return for the shows. A draft of that apparent settlement included the following term in regards to that:
“The parties agree to perform no fewer than ten (10) Misfits reunion shows to coincide with the 40th anniversary of the band. The parties shall split all proceeds (including merch for the tour as well as any reunion-specific merch to be sold at retail) from any such reunion endeavors 50/50 after deduction of expenses.
If either side fails to perform the agreed-upon number of reunion shows, the parties agree to submit to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with those Rules, to determine the amount of any damages sustained by the non-breaching party.”
Another term related to the matter was also included:
“The parties agree to share all expenses related to reunion endeavors 50/50 unless otherwise mutually agreed in writing (e.g., in the event a third party will pay). Any other performers will be paid as employees.”
Since reuniting for the shows, Danzig and Only, along with Only‘s brother, frequent Misfits member Doyle Wolfgang Von Frankenstein, have performed six live shows with three more booked. Suicidal Tendencies drummer Dave Lombardo and ex-Dope, etc. guitarist Acey Slade have filled in on stage during those shows.
While it seems one more show would fulfill the alleged contractual obligation, there’s also the possibility that some form of reconciliation between Danzig and Only has come to pass following the shows. At the very least, the handsome earnings from the performances has to have helped out with their motivation to continue on with their current arrangement.
Limited data from some of the shows finds the reunited band potentially raking in far more than they could ever hope to on their own. Their December 28th, 2017 show at the MGM Grand Garden in Las Vegas, NV grossed $917,732. Their December 30th, 2017 show at The Forum in Inglewood, CA a few days later grossed $1,599,664. More recently, their performance at the Allstate Arena in Rosemont, IL this past April grossed $1,084,116.
Further The Original Misfits shows planned for this year include:
06/29 Los Angeles, CA – Banc Of California Stadium
09/07 Denver, CO – Fiddler’s Green Amphitheatre
09/14 Seattle, WA – White River Amphitheatre
For a more detailed breakdown of the dispute that led to the arrangement and more, head to MetalSucks.
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