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MEGADETH mainman Dave Mustaine has sued the band's former bass player, David Ellefson

[views:18932][posts:54]
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[Jul 26,2005 12:01pm - SUBJUGATE ""]
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.
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[Jul 26,2005 12:02pm - dan_bloodblister ""]
gay
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[Jul 26,2005 12:05pm - the_reverend ""]
totally gay
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[Jul 26,2005 12:06pm - dan_bloodblister ""]
[img]
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[Jul 26,2005 1:09pm - Christraper ""]
"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
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[Jul 26,2005 1:10pm - Christraper ""]
"Praise Jesus" - Dave Mustaine
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[Jul 26,2005 1:14pm - dan_bloodblister ""]
[img]
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[Jul 26,2005 1:55pm - DeOdiumMortis ""]
What a douche. He's as bad as Lars. They should rejoin to make an even crappier band than their respectives already are.
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[Jul 26,2005 2:53pm - timma ""]
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.
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[Jul 26,2005 3:10pm - yodaslab  ""]
MUSTAINE, DANZIG AND LARS IN A TRIPLE THREAT CAGE MATCH
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[Jul 26,2005 3:11pm - yodaslab  ""]
A 3-WAY ASSHOLE MATCH TO THE DEATH
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[Jul 26,2005 4:04pm - Spaldino on a fucking mac... lame  ""]
toss in Phil and Axl Rose and you have a 5-way fagbag battle royale of the band pricks.
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[Jul 26,2005 4:05pm - dan_bloodblister ""]
they would all be destroyed by the greatest douchebag to ever walk the earth:

[img]


HAIL!
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[Jul 26,2005 4:12pm - Christraper ""]
fortune city?
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[Jul 26,2005 4:13pm - thedeparted ""]
wow mustaine has gone off the deep end, he must be shootn up again, needs the funds to support his habbit
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[Jul 26,2005 4:14pm - dan_bloodblister ""]
that image shows for me. its the god of thunder dun dun dun and rock n rooo aooll.
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[Jul 26,2005 4:48pm - DrinkHardThrashHard ""]
He is a sad, sad shell of his former glory. This is simply inexcusable.
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[Jul 26,2005 4:50pm - Christraper ""]
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.

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[Jul 26,2005 4:55pm - thedeparted ""]
heh, well i mean after the last album he must have started using again
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[Jul 26,2005 4:55pm - BornSoVile ""]
Ugh, I'm tired of seeing bass players shatted on!!!
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[Jul 26,2005 5:01pm - Christraper ""]
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?
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[Jul 26,2005 5:04pm - thedeparted ""]
since before the last album buddy heh
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[Jul 26,2005 9:30pm - ArrowHead nli  ""]
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!

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[Jul 26,2005 9:34pm - ArrowHead nli  ""]
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?

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[Jul 26,2005 9:36pm - DrinkHardThrashHard ""]
"The Ego Has Failed"? I wouldn't say it was awesome, not by a longshot.
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[Jul 26,2005 9:48pm - Kessaris ""]
long live Megadeth...long live Gigantour...long live your moms
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[Jul 26,2005 10:03pm - ArrowHead nli  ""]
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.
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[Jul 26,2005 10:05pm - DrinkHardThrashHard ""]
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.
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[Jul 26,2005 11:23pm - Anthony nli  ""]
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.
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[Jul 27,2005 2:05am - blue ""]
lame dave, lame.
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[Jul 27,2005 2:09am - whiskey_weed_and_women ""]
at this point i would just like to point out Jimmy Bower is the man !
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[Jul 29,2005 8:06am - SUBJUGATE ""]
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.
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[Jul 29,2005 10:07am - Beakey ""]
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.
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[Jul 29,2005 10:50am - Christraper ""]
[img]
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[Jul 29,2005 10:54am - paganmegan ""]
ah hahahaha
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[Jul 29,2005 10:55am - BobNOMAAMRooney nli  ""]
HELLO ME, MEET THE REAL ME!
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[Jul 29,2005 10:56am - paganmegan ""]
Who's hair is prettier? Tori or Dave?
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[Jul 29,2005 11:02am - Christraper ""]
daves
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[Jul 29,2005 11:03am - Christraper ""]
[img]
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[Jul 29,2005 11:04am - Christraper ""]
[img]
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[Jul 29,2005 11:04am - BobNOMAAMRooney nli  ""]
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.

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[Jul 29,2005 11:05am - Christraper ""]
aw fuck that was the best one! it was dave and bruce dickinson and they were like....cuddling.
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[Jul 29,2005 11:06am - paganmegan ""]
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
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[Jul 29,2005 11:07am - Christraper ""]
[img]
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[Jul 29,2005 11:08am - BobNOMAAMRooney nli  ""]
save it and then load it to your myspace or photobucket
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[Jul 29,2005 11:08am - Christraper ""]
Dammit!
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[Jul 29,2005 11:08am - dan_bloodblister ""]
http://www.imageshack.us/
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[Jul 29,2005 11:09am - Christraper ""]
Heres the link


http://mariseb0.tripod.com/pics/bd_dm2.jpg
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[Jul 29,2005 11:10am - Christraper ""]
what the fuck! that doesnt even work now!
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[Jul 29,2005 11:14am - Christraper ""]
wait NOW it works??? how did that happen?
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[Jul 29,2005 11:15am - Christraper ""]
[img]
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[Jul 29,2005 11:15am - Christraper ""]
fuckin fuck
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[Jul 29,2005 11:22am - dan_bloodblister ""]
pray to bacchus for guidance
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[Jul 29,2005 1:10pm - ArrowHead nli  ""]
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.



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[Jul 30,2005 7:53am - Mike 33  ""]
A good old bag of cheap street Heroin would clear Dave and Dave's problems up.

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