Marilyn Manson Sues To Bury His Past

By | May 18, 2004 at 12:00 AM

Marilyn Manson has a wedding and a greatest-hits album on his plate, but his next project may be a lawsuit.

The rocker and his bandmate Madonna Wayne Gacy have filed a suit against former bandmember Scott Putesky (a.k.a. Daisy Berkowitz) and Empire Musicwerks Records to stop the continued distribution of an early Manson album, according to Richard Wolfe, lawyer for Empire Musicwerks. The album was released on April 20.

Manson and Gacy (a.k.a. Brian Warner and Stephen Bier, respectively) filed suit in the United States District Court for the Eastern District of California, Western Division, on April 28. The action seeks to prevent Putesky and Empire Musicwerks from selling and distributing a 1993 recording by the Spooky Kids, an earlier incarnation of Manson’s band. The suit claims damages of at least $500,000 as well as undetermined punitive damages and legal costs. Manson is also asking for the return and destruction of all products and related promotional materials.

According to Wolfe, the suit alleges that the release of Lunch Boxes & Choklit Cows, and the DVD accompanying the album, make unauthorized use of illustrations from Manson’s book, “The Long Hard Road Out of Hell,” as well as the musicians’ images, and would constitute a breach of trademark and copyright.

The suit, which Wolfe calls “ill-conceived,” also contends that the release of this material is a violation of a settlement related to Putesky’s departure from the band, filed in October 1998.

Putesky has been speaking to the media about the release of the album and DVD, according to Wolfe, who believes that “the lawsuit is a desperate attempt by Manson to continue to oppress the members of his band who are largely attributable to his success.”

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