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Mustaine Sues Former Bassist Ellefson

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Band Photo: Megadeth (?)

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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33 Comments on "Mustaine Sues Former Bassist Ellefson"

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Anonymous Reader
1. chicoresch41 writes:

what a greedy bastard

# Jul 26, 2005 @ 5:57 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
2. Jereth127 writes:

Well, I personally am looking forward to seeing Megadeth in August, but Mustaine used song material written by Ellefson without permission and Ellefson supposedly sued, but what Mustaine is doing is just stupid...

# Jul 26, 2005 @ 7:41 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
3. Volatile writes:

These two turn out to be just as pathetic as the things they speak against in songs.

# Jul 26, 2005 @ 7:53 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
4. JT writes:

Hey Dave...I thought the System Had Failed...why are you using it to sue Ellefson?

# Jul 26, 2005 @ 9:11 PM ET | IP Logged Reveal posts originating from the same IP address
dinnertableelitest's avatar

Member

5. dinnertableelitest writes:

Dave i swear you use to be cool
u shouldnt sue frends, dave whats
goin on.

Up The IRONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

# Jul 26, 2005 @ 11:02 PM ET | IP Logged Reveal posts originating from the same IP address
dec1970's avatar

Member

6. dec1970 writes:

f*** You! dave you fa**ot! You are a p***y crybaby!

# Jul 26, 2005 @ 11:12 PM ET | IP Logged Reveal posts originating from the same IP address
dec1970's avatar

Member

7. dec1970 writes:

KISS MY ASS!!

# Jul 26, 2005 @ 11:13 PM ET | IP Logged Reveal posts originating from the same IP address
dec1970's avatar

Member

8. dec1970 writes:

HAIL SATAN!! YOU WILL DIE!!!! p***y!

# Jul 26, 2005 @ 11:15 PM ET | IP Logged Reveal posts originating from the same IP address
dinnertableelitest's avatar

Member

9. dinnertableelitest writes:

Man ost no 8 i hope u didnt mean that!

# Jul 27, 2005 @ 4:01 AM ET | IP Logged Reveal posts originating from the same IP address
dinnertableelitest's avatar

Member

10. dinnertableelitest writes:

post*

# Jul 27, 2005 @ 4:02 AM ET | IP Logged Reveal posts originating from the same IP address
dinnertableelitest's avatar

Member

11. dinnertableelitest writes:

Man ost no 8 i hope u didnt mean that!

# Jul 27, 2005 @ 4:03 AM ET | IP Logged Reveal posts originating from the same IP address
dinnertableelitest's avatar

Member

12. dinnertableelitest writes:

woh deja voo!

# Jul 27, 2005 @ 4:04 AM ET | IP Logged Reveal posts originating from the same IP address
RememberMetal?'s avatar

Writer/Reviewer

13. RememberMetal? writes:

Crazy miserable bastard....I hope he catches some serious flack from fans.......

Ellefson really brought the low end to the table too, for almost 20 years to boot....He was an integral part of Megadeth.

# Jul 27, 2005 @ 4:54 AM ET | IP Logged Reveal posts originating from the same IP address
Rue's avatar

Member

14. Rue writes:

Yeah. Dave is being a little b****. He isn't doing for the love of music...more like the love of money. So what if a former bassist uses the name Megadeth for an advertisement? WIll it kill you that f***ing much?

I've read as of late that Mustaine has cancelled or refused to play shows in which 'satanic' bands are on the bill. You don't have to listen to them while they play Dave, you could sit in your tourbus and jerk off. I guess this is all because of his conversion to Christianity. When did he go about deciding to be a Christian anyways? Does anybody know if it was something recent or something long ago?

# Jul 27, 2005 @ 8:52 AM ET | IP Logged Reveal posts originating from the same IP address
RememberMetal?'s avatar

Writer/Reviewer

15. RememberMetal? writes:

I do.

He fell on some hardtimes (emotional, monetary, selfesteem, lingering Metallica grudge, alcohal and substance abuse etc.) somewhere between 93-01, he had always had these issues but they intensified.....

Around '02 he picked himself off the ground and started to get himself together, while still drinking heavily he passed out in a recliner and somehow cut off circulation to his arm.....There was some major physical therapy involved (he wasn't sure he'd ever play again) so he kicked booze and decided God rather than will-power or professional help were to thank.....

yay god.

So now he thinks he has the right to condemn the religion of some black and death metal bands.....Never mind athiests and agnostics, but Satanists will NEVER tour with the likes of Megadeth.....And now Mustaine embraces the life style and mindset (even going so far as to change some lyrics live) of the very types of people he had his sites on in the 80's up to mid 90's.

# Jul 27, 2005 @ 9:05 AM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
16. what a turd writes:

i wish i could meet Dave Mustaine.....so i could kick th eliving sh** outta him, what a turd..this sh** needs to have his f***in' eye ball plucked outta his head, glue to his a$$ so he can watch me kick it..grow the f*** up, be a man....ellefson was a part of Mega-sh** so he should just have the right with that part alone..Mustaine's a tit and deserves to be sodomized with the crucifix he so galantly worships....btw i don't even listen to mega-fart, i just hate it when d***head former bandmates get all retarded about rights n' sh**...f***in' turds....need to do some flushing.....

# Jul 27, 2005 @ 10:20 AM ET | IP Logged Reveal posts originating from the same IP address
PerfektDrug5437's avatar

Member

17. PerfektDrug5437 writes:

hahah well put "post number 16." hah
i hate megadeath, i think they suck balls. plus i just hate dave anyways, iv always thought him as an a$$hole. and this shows that he definatly is.

# Jul 27, 2005 @ 5:23 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
18. busgyvio writes:

Mustane has been f***ing himself and his image so much that it will never get better for him. Everyone hates him. Megadeath is just a cheap immitation of Metallica. And Mr. Mustane can spend the rest of his life cribbing about "how much it hurts him". He deserves to heat from the world.

# Jul 27, 2005 @ 5:41 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
19. busgyvio writes:

well said PerfektDrug5437

# Jul 27, 2005 @ 5:53 PM ET | IP Logged Reveal posts originating from the same IP address
RememberMetal?'s avatar

Writer/Reviewer

20. RememberMetal? writes:

I pretty much considered Mustaine damaged goods as far as how he conducts himself.....

The way he feels about Metallica is the way a guy would mope if a girl he was seeing cheated on him and dumped him.....He's --still-- holding that grudge.

So now he's lashing out at Ellefson like he's getting back at someone who did him wrong. AND he's brandishing the same kind of self-rightousness of the fundamentalist Christians who condemn all those who differ from them.

# Jul 27, 2005 @ 6:53 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
21. some_guy writes:

-Why should Dave Mustaine care if Dave Ellefson uses the word "Megadeth"? Wouldn't Ellefson be promoting Mustaine's band? Why is there a downside to that?

-I'm not christian (though officially, I'm a protestant) but I do knowt his about Christianity-
Christians are taught to forgive... they are also taught to respect the thoughts and beliefs of others. You will not be forgiven if you do not forgive yourself. So what if some bands are satanic or whatever. They'll be the ones rotting in hell, not you. Pride is also one of the seven deadly sins, just so you know.

-This must be said:Dave, STFU about Lars, forgive him. Let it go, it was over 20 years ago, who cares what he says now, it's nothing new. It must suck being asked about Metallica in almost EVERY interview you do though.

# Jul 27, 2005 @ 7:17 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
22. kamil writes:

all of you stupid people suck and retards or something is wrong with you how in the hell can the bass player uses megadeth name without asking so shut the f*** up becuase you dont know anything at all so f*** you all dave mustaine is a man and you can kiss his a$$ so peace out you punk b****es you guys are the cry ladies ohh how can he sue him this is america and thanks for god you can do these things to these f***ing idiots so they can learn a lesson for next time.......................................

# Jul 28, 2005 @ 12:16 AM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
23. Rhinohead writes:

what the f+++ do u homosexual bastards know about whats going on in daves life? you fags would probly be dead if you went through half of what hes gone through, where the f--- are your platnium records?? why do you homos hate christians so much?? oh yea thats right, you have nothing to live for, no hope ,nothing, all you fags are gonna burn, you have no valor, you are nothing. have fun sucking eachother you queers...

# Jul 28, 2005 @ 4:29 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
24. kid icarus writes:

this is for some_guy .... so are the satanic god hating bands gonna invite dave to tour with them>;>; or what bout some really hardcore christian band?? ur an idiot, keeping hating evrything, it makes u look kool, have a miserable life fag,

# Jul 28, 2005 @ 4:33 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
25. busgyvio writes:

mr. dave is one of those rejects in the heavymetal family. one of those kids who could of but never will be anything by a cranky reject. No matter what is going on in his life this is not the METAL way to deal with things.....crying....wimpering....and backstabbing 20year old friendships. Dave mustane will always be hated for his attitide towards everything and his completely not metal way of life. IF he wants to be cristian...good for him.........but dont f***en be a p***y and try to f*** other peoples beliefs in HeavyMEtal up. U guys talk abt ...oohhh he has been thru so much....so there fore it gives him the right to cry and cry about it ,........not!!!!..............he is not worthy of being part og the MEtal family.

# Jul 28, 2005 @ 5:35 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
26. some_guy writes:

I heard that Ellefson originally sued Mustaine, for $8 Million USD, for not being payed royalties while he was in Megadeth. I also heard that this lawsuit brought by Mustaine is a countersuit, going for $7.5 Million USD. Apparently, Mustaine admits he owes royalties, but not $8 Million USD worth.
-I'm sorry if I crossed a line/boundary in my previous post. I'm just in disbelief that he'd sue Ellefson for something that could have been just ignored.

-kamil:
America runs from Canada to Chile. Note the "of" in "The United States Of America". Here's a fact - you can't sue anyone for any reason in Cuba. And it's "thank god" not "thanks for god"
-Rhinohead:
Who said that we hate christians? Who said we wanted platinum records? You obviously don't care about music if you think that everybody in music is in it to get a platinum record. Also, talk for yourself.
-kid icarus:
I like Megadeth. I don't hate everything (in fact, I don't hate anything or anyone). Nu metal bands do.
Anyone can invite Megadeth to tour with them, but it's Megadeth's decision to go on the tour.
"I've read as of late that Mustaine has cancelled or refused to play shows in which 'satanic' bands are on the bill. You don't have to listen to them while they play" posted by Rue, is what I was using to base that satanic hate band thing, or whatever you call it.
"so are the satanic god hating bands gonna invite dave to tour with them>;>; or what bout some really hardcore christian band?? " -what are you trying ot point out? And where did I mention god hating?
If you think that makes me look cool though, thank you. Oh, by the way, do you know what a fag is? There was nothing indicating any homosexuality in my previous post you ignorant bastard. (Maybe by using the word "christian" I could be referring to anti-homosexuality). I won't care if I have a miserable life, because if I did, I wouldn't give two sh**s about when you die.

# Jul 28, 2005 @ 10:02 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
27. what a turd writes:

good one some_guy....very well put...i wanna pat your back (in a non-homosexual way) hahahaha

# Jul 29, 2005 @ 1:29 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
28. Jereth127 writes:

Don't worry some_guy...
I doubt kid icarus is above the age of 12, and am certain his grammer and vocabulary are that of an eight year old

# Jul 31, 2005 @ 8:26 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
29. some_guy writes:

yeah......
Hey, if Mustaine disbanded the group in 2002 due to his arm problem, then legally would Ellefson be still able to use the name because the new Megadeth(est.2004) would be under a different contract, right?

# Aug 3, 2005 @ 8:48 PM ET | IP Logged Reveal posts originating from the same IP address
RememberMetal?'s avatar

Writer/Reviewer

30. RememberMetal? writes:

*standing ovation*

well said post 26.

My turn

Kamil:
sounds like you're a Megadeth fan.....Which is fine. I own 4 of their albums myself. However, your whole angle stinks of mindless fan-boy worship....I dont have a problem slagging a band I love when they do something childish, neither should you. Grow up.

Rhinohead:
Find your sexual identity. You managed to work "homo", "fag" and "queer" into your post. Sounds like homophobia to me, and many homophobes are in reality closet homosexuals.

Kid Icarus:
calm down. I dont think anyone here professed to having a miserable life....I mean, --where-- did that even come from????...Your not making any sense. Try and organize your pathetic little thoughts into posts that mean something.

I'm not entirely sure on that post 29....Wording goes a long way. This whole thing might have been avoidable if Ellefson had said ex-Megadeth or former Megadeth bassist.

Mustaine went for the kill because Ellefson turned Dave down on the reunion thing. This is purely based on Mustaine getting even. Mustaines handlers also protect him from negative outside opinions and press, and agree with everything Dave says (this can alter reality, look at Tom Cruise), and they even cut off interviews if there is question Dave doesnt want to answer.

Who DOESN'T find this really funny and a little sad?

# Aug 3, 2005 @ 10:26 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
31. AM kaza writes:

i think that mustaine did the right thing , david was a very important member of megadeth. he was since 1985 till 2002 , and when mustaine was ready again to raise megadeth to the top again david just wasn't that brave to rejion theband again , he had disagreed , so what !!!! david you ain't got the right to use the name of the best band ever if u don't wanna be in it !!!!! fu** off all u mega-haters ! dave is right and will always be

# Aug 19, 2005 @ 1:18 PM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
32. jerk face writes:

The right thing to do was sue THE MAGAZINE, OR PARTY RESPONSIBLE FOR PRINTING THE ADVERTISEMENT, for printing the word "Megadeth" without Mustaine's permission.
-Did Mustaine immediately assume that it was Ellefson that gave permission to use the name? You can see "grudge" written all over this if he did.
Dave will almost never be right. I really don't want to see ANY more interviews of him with the word "Metallica", or the name of any members, in it. Maybe they'll sue him for illegally using their name to defame them, to make money, or whatever. However, it's usually the magazine/interviewer's fault for trying to spark sh** between bands for entertainment value, and a chance for a good interview.

# Aug 20, 2005 @ 3:56 AM ET | IP Logged Reveal posts originating from the same IP address
Anonymous Reader
33. jerk face writes:

Mustaine would probably get more money out of the magazine company than Ellefson

# Aug 20, 2005 @ 4:13 AM ET | IP Logged Reveal posts originating from the same IP address

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