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returntothepit >> discuss >> MEGADETH mainman Dave Mustaine has sued the band's former bass player, David Ellefson by SUBJUGATE on Jul 26,2005 12:01pm
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toggletoggle post by SUBJUGATE   at Jul 26,2005 12:01pm
The Asssociated Press has issued the following report:

MEGADETH mainman Dave Mustaine has sued the band's former bass player, David Ellefson, for allegedly using the name of the group without permission in an advertisement for musical equipment.

The suit filed Monday (July 25) in Superior Court by Mustaine claims he and Ellefson entered into a settlement agreement in February that restricts the guitarist's use of the band name.

"Ellefson shall not use, or authorize anyone else to use, the work or mark 'MEGADETH" to advertise, market or promote any person, band, company, organization, product or services without MEGADETH's prior express written permission," according to the lawsuit.

Mustaine said an ad in this month's issue of Bass Player features Ellefson holding a pedal tuner for bass guitars and includes the names of several bands he is involved with — including MEGADETH.

Mustaine is seeking unspecified compensatory, punitive and exemplary damages.

MEGADETH was founded in 1983 and released a greatest hits album, "Back to the Start" last month. Ellefson appeared on albums from 1985 to 2002 until he got into a disagreement with Mustaine and refused to rejoin the band last year.
Informational and Related Links
Bands:

Megadeth



toggletoggle post by dan_bloodblister at Jul 26,2005 12:02pm
gay



toggletoggle post by the_reverend   at Jul 26,2005 12:05pm
totally gay



toggletoggle post by dan_bloodblister at Jul 26,2005 12:06pm



toggletoggle post by Christraper at Jul 26,2005 1:09pm
"You were in Megadeth with me since the beginning, you wrote a great deal of the material with me, and weve been in and out of rehab together since the mid eighties. BUT YOU CANT SAY "MEGADETH" ANYWHERE!!!! ITS MINE!!!! WWWWOOOOOOOOOOOOOOAAAAAAH! ARGH!" -Dave Mustaine



toggletoggle post by Christraper at Jul 26,2005 1:10pm
"Praise Jesus" - Dave Mustaine



toggletoggle post by dan_bloodblister at Jul 26,2005 1:14pm



toggletoggle post by DeOdiumMortis  at Jul 26,2005 1:55pm
What a douche. He's as bad as Lars. They should rejoin to make an even crappier band than their respectives already are.



toggletoggle post by timma at Jul 26,2005 2:53pm
i'd say he's worse than lars. lars just shoots hit mouth off about shit he doesn't understand or disagrees with. mustaine is just a whiney bitch looking for some more jesus fetus money.



toggletoggle post by yodaslab at Jul 26,2005 3:10pm
MUSTAINE, DANZIG AND LARS IN A TRIPLE THREAT CAGE MATCH



toggletoggle post by yodaslab at Jul 26,2005 3:11pm
A 3-WAY ASSHOLE MATCH TO THE DEATH



toggletoggle post by Spaldino on a fucking mac... lame at Jul 26,2005 4:04pm
toss in Phil and Axl Rose and you have a 5-way fagbag battle royale of the band pricks.



toggletoggle post by dan_bloodblister at Jul 26,2005 4:05pm
they would all be destroyed by the greatest douchebag to ever walk the earth:




HAIL!



toggletoggle post by Christraper at Jul 26,2005 4:12pm
fortune city?



toggletoggle post by thedeparted   at Jul 26,2005 4:13pm
wow mustaine has gone off the deep end, he must be shootn up again, needs the funds to support his habbit



toggletoggle post by dan_bloodblister at Jul 26,2005 4:14pm
that image shows for me. its the god of thunder dun dun dun and rock n rooo aooll.



toggletoggle post by DrinkHardThrashHard  at Jul 26,2005 4:48pm
He is a sad, sad shell of his former glory. This is simply inexcusable.



toggletoggle post by Christraper at Jul 26,2005 4:50pm
thedeparted said:
wow mustaine has gone off the deep end, he must be shootn up again, needs the funds to support his habbit


No, Megadeth would be cool again if Dave jumped off the wagon. I still think we should mail him bags of heroin.




toggletoggle post by thedeparted   at Jul 26,2005 4:55pm
heh, well i mean after the last album he must have started using again



toggletoggle post by BornSoVile   at Jul 26,2005 4:55pm
Ugh, I'm tired of seeing bass players shatted on!!!



toggletoggle post by Christraper at Jul 26,2005 5:01pm
Yea but Mustaine shat on everyone. Hes just making sure he treats all his ex members equally. And since when is Ellefson not in the band anyways?



toggletoggle post by thedeparted   at Jul 26,2005 5:04pm
since before the last album buddy heh



toggletoggle post by ArrowHead nli at Jul 26,2005 9:30pm
1) The last album was awesome. Don't write Mustaine off yet!

2) Ellefson fucked Dave over pretty badly, as well as a few other members and management. You all seem to have missed the part where the lawsuit is based on an AGREEMENT the two entered into in Feb. Ellefson, Freidman, and Menza, as well as management and producers, used cash advances from the label for personal reasons while mustaine was out on injury. This is why he disbanded the group in the first place, then they left him with the resulting debt, which is part of the reason he came out of retirement to do this new album. Ellefson was invited to be on the album's tour, after everything, and signed on, but was dropped at the last minute because he was making demands for more money than he was entitled to. Especially since he didn't even play on the album!




toggletoggle post by ArrowHead nli at Jul 26,2005 9:34pm
Christraper said:
Yea but Mustaine shat on everyone. Hes just making sure he treats all his ex members equally.


Actually, he's made amends with everyone BUT ellefson. Marty Friedman was supposed to do the tour, but backed out at the last minute due to finances and family. Menza was slated for the tour, but backed out when he realized he can't play Vinnie C's drum parts without more time to learn them. (he was even posting regularly on the megadeth forums.) Chris Poland contributed solos to the new album. Gar Samuels.... oh, yeah, he died. Anyways, you get the point.

Dave IS a whiney and snotty douchebag, always has been. But then again, isn't that why I always loved Megadeth in the first place?




toggletoggle post by DrinkHardThrashHard  at Jul 26,2005 9:36pm
"The Ego Has Failed"? I wouldn't say it was awesome, not by a longshot.



toggletoggle post by Kessaris   at Jul 26,2005 9:48pm
long live Megadeth...long live Gigantour...long live your moms



toggletoggle post by ArrowHead nli at Jul 26,2005 10:03pm
DrinkHardThrashHard said:
"The Ego Has Failed"? I wouldn't say it was awesome, not by a longshot.



Compared to the last handful of albums? I think it's the best stuff he's written since R.I.P., or possibly Countdown. The only complaint I have is the lyrics.



toggletoggle post by DrinkHardThrashHard  at Jul 26,2005 10:05pm
Okay, I'll agree with that, it is far better than the last 3-4 albums, though I do like some of Youthanasia, as 'un-Megadeth' as it sounds. The lyrics do kinda blow.



toggletoggle post by Anthony nli at Jul 26,2005 11:23pm
I loved the new record. Great stuff. I liked Youthanasia and I think "System" is a little better, but also the "World Needs a Hero" was a smaller step in the right direction coming off the two previous ones.



toggletoggle post by blue  at Jul 27,2005 2:05am
lame dave, lame.



toggletoggle post by whiskey_weed_and_women  at Jul 27,2005 2:09am
at this point i would just like to point out Jimmy Bower is the man !



toggletoggle post by SUBJUGATE   at Jul 29,2005 8:06am
BLABBERMOUTH.NET has obtained a copy of the 13-page complaint filed by MEGADETH leader Dave Mustaine against the group's former bassist, David Ellefson, alleging Ellefson used the name of the band without permission in an advertisement for musical equipment. [Download the document in PDF format at this location.]

The suit, filed Monday (July 25) in Superior Court by Mustaine, claims he and Ellefson entered into a settlement agreement in February that restricts the guitarist's use of the band name.

"Ellefson shall be permitted to identify as the former bassist of MEGADETH in his personal biography or resume, and in interviews. Ellefson shall not use, or authorize anyone else to use, the work or mark 'MEGADETH" to advertise, market or promote any person, band, company, organization, product or services without MEGADETH's prior express written permission," according to the lawsuit.

"… The Settlement Agreement permits Ellefson to mention only one time in any single interview that Ellefson is the 'former bassist of MEGADETH.' Plaintiffs contend that Ellefson may not otherwise use the word 'MEGADETH' in any way for any commercial purpose, pursuant to the express terms of . . . the Settlement Agreement."

Mustaine said an ad in this month's issue of Bass Player features Ellefson holding a pedal tuner for bass guitars and includes the names of several bands he is involved with — including MEGADETH.

"In violation of the clear and unambiguous terms contained in . . . the Settlement Agreement . . . Ellefson used and/or authorized others to use, the word and mark 'MEGADETH' in a full-page, full-color print advertisement in the July 2005 issue of Bass Player magazine, among other publications, to advertise and promote a company called Peterson Electro-Musical Products, Inc., and its product, a 'StroboStomp' pedal tuner for bass guitars," according to the lawsuit. "The advertisement also promotes and advertises Ellefson personally. The advertisement features, among other things, a large picture of Ellefson holding a large Peterson StroboStomp pedal tuner in his hand. Next to Ellefson's face is the text: 'An essential tool in the arsenal…' – David Ellefson, F5, SOULFLY, MEGADETH.'"

Mustaine is seeking unspecified compensatory, punitive and exemplary damages.

Formed in 1983, MEGADETH released a greatest hits album, "Back to the Start", last month, which has sold 44,000 copies in the United States, according to Nielsen SoundScan. Ellefson appeared on albums from 1985 to 2002 until he got into a disagreement with Mustaine and refused to rejoin the band last year.



toggletoggle post by Beakey   at Jul 29,2005 10:07am
Christraper said:
"You were in Megadeth with me since the beginning, you wrote a great deal of the material with me, and weve been in and out of rehab together since the mid eighties. BUT YOU CANT SAY "MEGADETH" ANYWHERE!!!! ITS MINE!!!! WWWWOOOOOOOOOOOOOOAAAAAAH! ARGH!" -Dave Mustaine


I bet that's exactly how it went down too.
Hilarious.



toggletoggle post by Christraper at Jul 29,2005 10:50am



toggletoggle post by paganmegan   at Jul 29,2005 10:54am
ah hahahaha



toggletoggle post by BobNOMAAMRooney nli at Jul 29,2005 10:55am
HELLO ME, MEET THE REAL ME!



toggletoggle post by paganmegan   at Jul 29,2005 10:56am
Who's hair is prettier? Tori or Dave?



toggletoggle post by Christraper at Jul 29,2005 11:02am
daves



toggletoggle post by Christraper at Jul 29,2005 11:03am



toggletoggle post by Christraper at Jul 29,2005 11:04am



toggletoggle post by BobNOMAAMRooney nli at Jul 29,2005 11:04am
SUBJUGATE said:


"In violation of the clear and unambiguous terms contained in . . . the Settlement Agreement . . . Ellefson used and/or authorized others to use, the word and mark 'MEGADETH' in a full-page, full-color print advertisement in the July 2005 issue of Bass Player magazine, among other publications, to advertise and promote a company called Peterson Electro-Musical Products, Inc., and its product, a 'StroboStomp' pedal tuner for bass guitars," according to the lawsuit. "The advertisement also promotes and advertises Ellefson personally. The advertisement features, among other things, a large picture of Ellefson holding a large Peterson StroboStomp pedal tuner in his hand. Next to Ellefson's face is the text: 'An essential tool in the arsenal…' – David Ellefson, F5, SOULFLY, MEGADETH.'"


That's fucking retarded. It'd be like a company I used to work for suing me for putting their name on my resume. Dave Mustaine you fucking faggot, go sue Freddy Mercury for getting HIV and not sharing with you.




toggletoggle post by Christraper at Jul 29,2005 11:05am
aw fuck that was the best one! it was dave and bruce dickinson and they were like....cuddling.



toggletoggle post by paganmegan   at Jul 29,2005 11:06am
Christraper said:
aw fuck that was the best one! it was dave and bruce dickinson and they were like....cuddling.


aw, dammit. Try again, I need a laugh



toggletoggle post by Christraper at Jul 29,2005 11:07am



toggletoggle post by BobNOMAAMRooney nli at Jul 29,2005 11:08am
save it and then load it to your myspace or photobucket



toggletoggle post by Christraper at Jul 29,2005 11:08am
Dammit!



toggletoggle post by dan_bloodblister at Jul 29,2005 11:08am edited Jul 29,2005 11:09am



toggletoggle post by Christraper at Jul 29,2005 11:09am



toggletoggle post by Christraper at Jul 29,2005 11:10am
what the fuck! that doesnt even work now!



toggletoggle post by Christraper at Jul 29,2005 11:14am
wait NOW it works??? how did that happen?



toggletoggle post by Christraper at Jul 29,2005 11:15am



toggletoggle post by Christraper at Jul 29,2005 11:15am
fuckin fuck



toggletoggle post by dan_bloodblister at Jul 29,2005 11:22am
pray to bacchus for guidance



toggletoggle post by ArrowHead nli at Jul 29,2005 1:10pm
BobNOMAAMRooney nli said:


That's fucking retarded. It'd be like a company I used to work for suing me for putting their name on my resume.



Yet it's based on an agreement that ellefson entered willingly! Ever wonder why he signed it, or did you think there's only one side to the story.






toggletoggle post by Mike 33 at Jul 30,2005 7:53am
A good old bag of cheap street Heroin would clear Dave and Dave's problems up.



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