Empire Musicwerks announced today that a settlement was reached with Marilyn Manson and they will remove all artwork on Lunch Boxes & Choklit Cows that is similar to copyrighted works listed in the lawsuit that was filed on behalf of Marilyn Manson and Madonna Wayne Gacy on April 28th 2004 in United States District Court in Santa Monica California.
Goth-rock superstar, Marilyn Manson (birth name Brian Warner) filed a lawsuit against a former member of his own original band "Marilyn Manson & The Spooky Kids" and Empire Musicwerks. 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 .
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) claimed in a lawsuit the release was an 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.
"We could have avoided all the legal B.S. if Brian would have just called me!" Said Scott Putesky p/k/a Daisy Berkowitz. Putesky is also refuting rumors that the release was testing the waters for a Spooky Kids reunion and the lawsuit was a publicity stunt to sell CD's. "I waited a long time to release this historic material, I could have released it a long time ago, but nostalgia is not something you can microwave!"