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MARILYN MANSON Files Lawsuit Against Former Guitarist

May 14, 2004

Billboard.com is reporting that Marilyn Manson and bandmate Madonna Wayne Gacy have filed suit against former guitarist Daisy Berkowitz and a Florida record label over the release of "Lunch Boxes & Choklit Cows", an album of 1993 material cut by Manson's early band THE SPOOKY KIDS. The suit, which claims damages of at least $500,000, and seeks punitive damages to be determined, alleges that the album and accompanying DVD make unauthorized use of illustrations from Manson's book "The Long Hard Road Out of Hell" and the musicians' likenesses. It also alleges that the purported infringements constitute a breach of an October 1998 settlement agreement related to the exit from the band of Berkowitz, whose real name is Scott Putesky.

Richard Wolfe, attorney for Putesky and Empirewerks Records, called the suit "ill-conceived," and said the proper venue for the matter is Broward County (Fla.) Circuit Court, where matters pertaining to the settlement agreement were heard. Wolfe told Billboard.com, "We've tried to work things out with Manson. He doesn't respond."

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