Music Industry News Network [05-16-2004]

Lawsuit By Marilyn Manson Vs. Spooky Kids' Lunch Boxes & Choklit Cows CD/DVD


Goth-rock superstar, Marilyn Manson (birth name Brian Warner) has filed a lawsuit against a former member of his own original band "Marilyn Manson & The Spooky Kids" it was confirmed today by Richard Wolfe, legal representative for Florida-based Empire Musicwerks, the record company named as a defendant in the suit. Empire Musicwerks recently released the CD with companion DVD, Lunch Boxes & Choklit Cows by The Spooky Kids, championed by former Spooky Kids/Marilyn Manson guitar player and producer Scott Putesky.  Putesky has recently been conducting media interviews touting the release that impacted the sales charts in last week's "Billboard" magazine. The suit was filed on behalf of Brian Warner, p/k/a Marilyn Manson and Stephen Bier p/k/a (another member of Spooky Kids/Manson band known as Madonna Wayne Gacy) against both Scott Putesky (who is known as Daisy Berkowitz in Spooky Kids) and Empire Musicwerks as the record label that released and is marketing the project. The action was filed on April 28, 2004 in the United States District Court in and for The Central District of California Western Division.

The public document claims, among other things infringement of copyright, unauthorized use of illustration, images and film footage.  Manson asked for cease and desist of sales of the CD Lunch Boxes & Choklit Cows, return and destruction of all product and promotional materials, and is claiming an estimated $500,000 in damages and asking for other punitive damages and attorney costs. A copy of the lawsuit is available.

States Richard C. Wolfe, attorney for Empire Musicwerks and Scott Putesky in the matter, "the lawsuit is a desperate attempt by Manson to continue to oppress the members of his band who are largely attributable to his success. He should support the efforts of Scott Putesky to bring these historical recordings to the group's fans.

"The lawsuit is not properly founded and the California courts have no jurisdiction over the parties. We have attempted to resolve matters and Manson has refused to discuss the matter."


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