I've always heard that Mustaine was a b*stard, but this beats the John Fogerty standard... http://music.yahoo.com/read/news/22147814 Legal experts - is the agreement mentioned above even enforceable. It's kind of like a company telling an ex-employee that he can't list them on his/her resume.
Its kind of how like how T-Mac wouldn't be able to wear his Rockets jersey if he did a commercial with someone not licensed by the NBA.
Branding is just getting stupid. "Come see David Carr, the quarterback with Houston's professional football organization."
i'm a megadeth fan but even i think this is going a bit overboard. cannot a retired NBA player say he used to play for Rockets w/o using those comments to make money?
I think Mustaine is targetting the wrong people. IF I read that right, it is a ad with Ellefson endorsing a tuner...more than likely it was the ad dept that wrote the copy for the ad...and of course they want to make sure that any uninformed folks know who Ellefson used to play for. If I am reading this right....it shoudl get thrown out of court cause Ellefson wasnt responsible for the writing of the copy of the ad
Clearly there was some kind of settlement agreement here, which means that Ellefson probably got something in return for not using his name in this kind of advertising. If he violated that agreement (and I'm not saying he did), why shouldn't Mustaine be mad?
What's so weird is that this could have an impact on credits. How do you list a resume ANYWHERE without someone complaining that you used their band name? Musicians rely on their resume to help them find other gigs, get endorsements, etc. There is a good argument to be made that if Megadeth was Ellefson's biggest gig, it will cost him more money to not be able to use the name than it will cost Mustane for him to use it. Ellefson could potentially lose thousands of dollars in endorsements just because Mustane doesn't want him to say he used to be in the band. Man, that sucks.
well....Mustaine is known for holding grudges...and obviously he and Ellefson have had a major fallingout...I wonder if he can use the name in the guise of saying what band he used to be in if he got permission... the agreement does say that he must have express permission from Megadeth to do so. Is Mustaine's beef that he wasnt asked, or would he be a d*ck and not let him use it no matter what?
This is not the first lawsuit between the two. Ellefson sued Mustaine a couple years ago over publishing royalties when he was fired from the band. Seems likely to me that rules over his use of the Megadeth name were included in the settlement of that suit. Quite a bitter falling out between them, as is common when someone in Megadeth tries to challenge Mustaine.
From the sounds of it, based solely on the article posted, these are probably different scenarios. It's not saying he can't get endorsement deals based on the fact that he was once part of Megadeth, just that he can't use that fact in the endorsement.
Yes, but if Megadeath is the reason he is getting the endorsement, then it heavily impacts that possibility. Think of Gary Tallent. He was the bass player for the E Street Band for many years. That was his only gig...ever. But, it was a biggie. Now, imagine if Springsteen said that he could never say "fomer bassist for the E Street Band." It would destroy his ability to get an endorsement because it is only through that name that people know who he is. This is no big deal for someone whose name is on the band (Eddie Van Halen, for example) or who is synonomys with a particular band and well-known enough to stand without the name. But, your average musician doesn't have this ability and needs the "fomerly of..." title to get gigs and endorsements. Obviously, if they had a deal and he didn't live up to the deal, well, that's on him. But, Mustane is known for being a hard ass with people and getting into fights over absolutely nothing, so I have a hard time believing this was significant enough for a lawsuit.
I disagree The most well-known one was probably Peace Sells. Finn*...Megadeth has 10 studio albums, several of which had songs that got radio/video play...Peace Sells, Rust In Peace, Countdown to Extinction, and Youthanasia They werent high on my list of bands that I really like...but I dig quite a few of their songs.
