Just them Lodi boys makin’ some noise at Riot Fest East. Photo by Alf Berg.
Second verse, same as the first: the Original Misfits got up there in Chicago and played the hits like Famous Monsters never happened. Remember when mere mention of this band would send Glenn Danzig into convulsions? Now he’s done two reunion gigs with them, his mood at both jovial. “I bet a lot of you have kids you take trick or treating,” he opined last night. “Scream your ass off if you take your kids trick or treating!”
I wan’t there. I wasn’t at Denver Riot Fest either. The reasons are myriad. I felt skepticism that any of this would really go down, or that it might veer into disaster if it did. The venue struck me as wrong; the Misfits in their glory days were always a club band, and while I’m happy they can command headlining festival slots in 2016, an engagement at Irving Plaza would have been more spiritually authentic. And, of course, this assembly is not really the original Misfits—it is Most of The Original Misfits Featuring Dave Lombardo. Jerry and Glenn must have had a Batman v Superman moment where they both realized they dislike all the actual Misfits drummers with the same passion.
Call me fussy, call me prissy, call me a freelance hillbilly with a snoot full of honeybees. Denver and Chicago aren’t exactly around the corner. Yes, I feel some regret, but I also wouldn’t be having this discussion if the reunion had been Glenn, Jerry, Doyle, and Arthur Googy at the Whiskey a Go Go. Solace is located in the fact that 2017 is the 40th anniversary of the Misfits’ founding. I’d bet my collection of bird skeletons that something auspicious along these lines will occur to commemorate four haunted decades.
If not, there’s always the YouTube. You know, I never saw the Misfits when Danzig was in the band between 1977 and 1983. I’m keeping a streak alive.
Blackheart Acey Slade, Jerry Only, Doyle, & Glenny D. Photo by Alf Berg.
And so it came to pass; Glenn Danzig and Jerry Only met between a pair of twelve foot jack-o-lanterns to belt out an hour’s worth of Misfits songs for the ultra devoted. No fistfights or lawsuits broke out onstage. Everyone seemed to be having fun, including Glenn, who is allergic to most forms of humor. In fact, at certain intervals, it sounded like this ferocious hound of hell was workshopping his standup material—and the crowd was loving it.
Part of me wants to chastise Riot Fest organizers for not offering a high quality live stream of these Misfits, something for which I and many other fiends would have paid a nominal fee. A greater part of me understands that cacophonous cell phone videos are more in keeping with the live recording legacy of this band. Even through pigeon shit fidelity you can tell the ‘Fits performed well, holding perfect tempo and pressing their fervor into the music (Glenn especially). A few clips have moved me emotionally.
The million dollar questions now: will Chicago receive a concert of similar character or will the bloom be off the skull in a couple weeks? Will there be future gigs in other cities? Will there be an album? How will all this affect eBay sales of Graves era merchandise?
The rumors were true: former Slayer drummer Dave Lombardo is the fourth participant in the Misfits reunion scheduled for Riot Fest 2016 (the first show of which is this weekend), overcoming the major obstacle of having never been a member of the band. Namaste, Dave.
Look, I love Dave Lombardo’s work. He’s a monster, an icon, an innovator. I listen to those Slayer records all the time. I’m intrigued to hear what he’ll do with material from Static Age and Earth A.D. It’s just that the original Original Misfits had five or six different drummers, and they’re all still alive. Glenn and Jerry couldn’t bite the kielbasa and get Googy for these two gigs? Make it a true reunion? There’s no way his fee is higher than Lombardo’s.
I get it. The Original Misfits™ have to consider the fact that this reunion could grow legs. Dave Lombardo has more experience than every Misfits drummer combined (some of whom haven’t even looked at a set of drums since “The Jeffersons” was airing). He’s prepared at any time to do other festivals, or a tour. More importantly, he has no pre-existing issues with Glenn or Jerry. Dave’s not gonna make trouble over some shit that happened in 1981.
Also, remember: this episode is mostly a legal resolution, an agreement between Glenn and Jerry so they stop dragging each other to court over pictures of skulls they stole from somebody else in the first place. So how heartbroken can anyone be? Shouldn’t we just be glad these guys have finally stopped suing each other?
Hire Charo as the drummer for all I care—I’m tired of reading legal documents. They started stacking higher than your records years ago.
Original recipe Misfits Jerry Only and Glenn Danzig, 1979. Photog unknown.
In not very surprising news considering the recent past, founding Misfits Jerry Only and Glenn Danzig have announced they will take the stage with Jerry’s brother Doyle and a drummer to be named later for several performances as “The Original Misfits” at 2016’s Riot Fest. We understand this to mean Glenn and Jerry have finally stopped suing each other over ownership of the Misfit logos and skull faces. Fantastic. I’m excited to see the exclusive merch they plan to roll out for this landmark concert engagement.
My enthusiasm for the reunion itself is mild. Of course Danzig goes back to the Misfits, driving a stake through the heart of its legal monster with option to make a final artistic statement on the matter if he chooses. Of course Jerry agrees, because it’s spectacle (and profitable). A bigger surprise would have found Danzig buying back the performing rights to the Misfits and icing Jerry out for the rest of his life, or Danzig retiring from music and moving to Nepal to become a monk. Sting went back to the Police. Nesmith went back to the Monkees. Of course Glenn Danzig goes back to the Misfits.
Everyone goes back to the well—especially if the well vomits money.
Obviously there is also cynicism in my heart that any of this will actually happen. Riot Fest is four long months away, and these guys have lived in acrimony for a far greater period than they ever spent making music. Will Jerry and Glenn make it to September without another donnybrook or injunction? Maybe if the Original Misfits drummer is one of their lawyers.
It’s like the Mets. I wanna believe, but history and logic tells me otherwise. Stranger things have happened, I suppose. We’ll see come September.
The other Jersey boys: Glenn & Jerry, 1978. Photo by Ken Caiafa.
If you think the legal skull-banging between Glenn Danzig and Jerry Only ended in August of 2014 when Judge Gary Klausner threw out Danzig’s lawsuit against Only for breach of contract, think again. Danzig amended his complaint and the case over who owns the logos and trademarks pertaining to the Misfits drags on; opening briefs related to Danzig’s most recent appeal of a summary judgment Only won in April 2015 are being filed this month.
And yet, in an incredible shock, this entire affair was nearly settled over the winter holiday of 2014 by having Danzig rejoin the Misfits. That December, Danzig’s attorney suggested his client (who dissolved the group in 1983 after a six year run) and the defendant (who reformed the Misfits without Danzig in 1995) agree to a certain amount of reunion concerts, split the profits, split all future revenue from the disputed trademarks, and consider entering a new licensing agreement together with a major merchandiser. Only was receptive, so negotiations began for the first Misfits shows with Danzig in thirty years.
A proposed 60/40 reunion profit split in Danzig’s favor was leveled to 50/50. A ten date concert tour shrank down to six—but “at least one” reunion album was added. All other participating Misfits, no matter what their stature, were to be treated as “paid employees.” In response to Only’s demand for built-in protections to ensure Danzig would actually follow through with these gigs, Danzig’s attorney wrote, “I really don’t think this will be an issue as Danzig wants to do the reunion shows” (a $250k penalty was put in place should either party fail to complete the reunion obligations).
Initially Danzig envisioned the reunion happening in 2017 to commemorate the 40th anniversary of the Misfits. Only wanted it “as soon as practicable.” Only also wasn’t fond of billing these performances as “the Original Misfits” (though no alternate name was suggested). The real breakdown, however, was over the same trademark issues that instigated Danzig’s lawsuit in the first place. Confusion as well as contention remained over who owned what and who was entitled to how much of any given piece of Misfits imagery. Specifics failed to be clarified, certain copyrights could not be identified, documents proving anything conclusively could not be produced.
The two sides went back and forth until February 10, 2015, when Danzig’s attorney ended an e-mail by saying, “it appears we are going to try this case.”
Dovetailing with that was some rigamarole over depositions each party was to give that month. Danzig felt he wasn’t given enough time to prepare for his scheduled deposition so he bailed at the last minute; meanwhile, Only and his co-defendant, Misfits manager John Cafiero, refused to commit to any deposition date or agreement. On April 15, the defendants were awarded their summary judgment because Danzig had provided no evidence of the pre-existing business relations that Only is alleged to have sabotaged with his fraudulent ownership and representation of Misfits trademarks. Danzig also could not prove “lost economic advantage” from Only’s activities, nor could he outline “triable facts” concerning Only misrepresenting the famed Misfits skull logo (a.k.a. the Fiend Skull, a.k.a. the Crimson Ghost).
The information above is sourced from a forest of court documents that are available to anyone via Pacer.gov and probably a few other less bullshitty legal repositories (Bortz Law first posted excerpts from said documents on their blog in October 2015; for whatever reason, Bortz’s post didn’t reach fiends until very recently). The case is Glenn Danzig v. Gerald Caiafa et al in the California Central District and at this point it could be a book unto itself. There’s a great subplot that debates whether or not Danzig performing a Misfits song in any context constitutes a performance by the Misfits.
If I hadn’t seen it all in PDF form myself I wouldn’t believe it. The American judicial system almost returned to us the Original Recipe Misfits. Concerts are one thing, but I can’t stop thinking about the reunion album. What in the hell would that be like? What could they call it? Settlement A.D.?
Parties Agree Not To Disparage Each Other Publicly, that would be a good title. It’s my favorite of all the terms they reached for this proposed reunion.