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Megadeth Lead Singer Sues Former Bassist 1 hour, 17 minutes ago - Associated Press



The lead singer of Megadeth has sued the band's former bass player for allegedly using the name of the group without permission in an ad for musical equipment.

David Mustaine claims in the lawsuit filed Monday in Superior Court that he and David 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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What possible damages could there be?:scratch: What's the big deal about mentioning a band you were with while advertising a pedal tuner? I love Megadeth but aren't Dave and the lawyers being a little rediculous?
 

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Dave

It seems to me in the end, DAVE IS A BITCH, don't get me wrong Megadeth is one of my favourite bands. But any time I have seen anything Dave is always bitching and crying. Anybody remeber Some Kind of Monster when Lars and Dave sit down for a little tear jerker. Anyways, yea I think this is kind of rediculous, Dave is a good musician and all but he just seems like such a dick in the real world.
 

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Jeff McDonald
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Doesn't surprise me at all. From what I have seen, read and heard of Dave Mustaine, he is a royal ego-centered cock-smoker. I cannot believe that he would do that to Ellefson, who helped start the band in the first place and was the only one to loyally stick by his side through many line-up changes....although, the way Mustaine describes it, Mustaine allowed Ellefson to be in the band, even though there was no band before the two of them got together, so how can Mustaine claim that he let Ellefson into a band that did not exist prior to the two of them hooking up???). Wait, let me rephrase that......I can believe that Mustaine would do that, however I can't see any respectable human being doing that to someone who has been more loyal to him than anyone else, so it seems.

Megadave Mustaine......great guitarist/songwriter......horrible human being. :thumbsdow
 

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apparently daveM and lars are much alike. maybee they should get back together so they can suck each other off.

so daveE is not allowed to tell people he was in megadeth? thats lame.

FW
 

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Yeh I like Megadeth and I always thought Mustaine was a cool guy but sueing becuase he mentioned the band name on a list of bands he's been in is stupid. It's not like he was selling merchandise with the megadeth name on it. :scratch:
 

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It seems that the bass player (Ellefson) sued FIRST last year, but his suit against Dave and Megadeth was thrown out of court back in January.

Here's the article:

A lawsuit brought against metal band MEGADETH and the band's frontman DAVE MUSTAINE by former bassist DAVE ELLEFSON has been thrown out by a New York Court.

Ellefson filed a claim last year (JUL04) alleging he was owed a greater share of the SKIN O' MY TEETH rockers' royalties than he had been paid.

US District JUDGE NAOMI REICE BUCHWALD ruled earlier this month (13JAN05) that Ellefson's claim had no foundation, stating he had already made a valid settlement agreement with the band last year (MAY04).

Ellefson claimed in his legal documents the settlement agreement was unenforceable, but Judge Reice Buchwald did not agree.

Megadeth's lawyer CHARLES J HARDER said in a statement, "This lawsuit should never have been brought. The federal court has now confirmed that Dave Ellefson's claims against Megadeth and Dave Mustaine are completely unfounded.

"The court's ruling confirms that Ellefson had no business trying to get more money from the band by filing a frivolous lawsuit."
 

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Dave seemed like a cool guy when I met him at an in-store 3 or so months back (but thats not really much of an indicator of what hes like...). There seems to be alot of bad blood between him and some ex members.

One thing I know first hand: Dave can still deliver an awesome live show! :bowdown: :rock:
 

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BRAVO TIME
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bottom line is Dave is just embittered, and needs help. Ellefson didn't hurt megadeth in any way doin that, as a matter of fact was a driving pulse, and his contributions to that band were always underated. Dave has the same problem that toni iomi has...as long as his name is n the cd cover credit it's still the band. he can't get along w/ anyone.:werd:
 

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ellefson was in megadeth for what? 18 years I believe. and he cant mention that in a mag ad for a guitar tuner.mustaine is a PRICK! Dave is still pissed about the metallica crap in the some kind of monster video.thats been 20 some years ago.he is the only original member left in megadeth.piss on dave mustaine!
 
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