Danzig claimed that the band had created a contract in 1994 to protect from incidents like this, which stated ownership of trademarks would be shared. Plus, in his complaint, filed with the California Central District Court, Danzig took all creative credit for the logo: "Caiafa's misrepresentations have proximately caused injury to Danzig by causing merchandisers not to do business with him, and have deceived consumers as to the source of merchandise bearing the Marks, because the vast majority of the Misfits fans associate the Marks with the 1977-1983 classic Misfits era when Danzig was the creative heart of the Misfits, and not with Caiafa's imitation Misfits" (via Classic Rock).

In the end, Only's defense that he hadn't breached the contract, since Danzig left the band, held up. Judge Gary Klausner has thrown out the lawsuit saying that Danzig didn't have enough proof to prove his case.