Punk band, Misfits AD has filed a lawsuit in the New York Southern District Court against a publisher, Harry N. Abrams for both copyright and trademark infringement, as well as false designation of origin.
Misfits AD is a company established by founding members of the band Glenn Danzig and Jerry Only to manage activities related to their reformed version of the band.
The plaintiff reportedly accused Abrams of reproducing the band’s “Fiend Skull” design, registered with the U.S. Copyright Office, without authorization.
According to the lawsuit, the defendant which specializes in publishing illustrated books published a new book, Scream with Me: The Enduring Legacy of the Misfits” which is a visual history paying tribute to one of punk’s most iconic bands.
The plaintiff reportedly said that the “Fiend Skull” design is displayed prominently on the front cover and repeatedly throughout the book.
The plaintiff alleges that the defendant misappropriated the group’s signature artwork for a coffee-table book.
“Abrams’ unauthorized copying of the ‘Fiend Skull’ mark as the main image on the cover of the book is likely to cause confusion and lead consumers to mistakenly believe that Abrams and the book are endorsed, approved, or sponsored by, or affiliated, connected, or associated with Misfits AD,” Misfits AD reportedly said.
The case is pending.
Misfits A.D., LLC v. Harry N. Abrams, Inc.
|Court:||New York Southern District Court|
|Nature of Suit:||Copyright|
|Case Filed:||March 09, 2020|