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Dave Mustaine Sues Former Bassist Over Ad By Newsferatu, Writer Monday, July 25, 2005 @ 7:46 PM
In his complaint filed in Los Angeles Superior Court, Mustaine claims he and Dave Ellefson entered into a settlement agreement in February that restricts the bassist's use of the band name.
"Ellefson shall be permitted to identify himself as the former bassist of Megadeth in his personal biography or resume, and in interviews," the lawsuit quotes the agreement. "Ellefson shall not use the word or mark `Megadeth' in any other way, or for any other purpose."
"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," it further quotes.
According to the suit, an ad in this month's issue of "Bass Player" features Ellefson holding a Peterson Electro-Musical Product's pedal tuner for bass guitars. Text next to his face includes the names of several bands he is currently involved with (F5, Soulfly and Megadeth.)
Mustaine, who alleges Ellefson failed to get permission to use the name in the ad, is asking for unspecified compensatory, punitive and exemplary damages.
Megadeth was founded in 1983. Ellefson appeared on every album and tour from 1985's ``Killing Is My Business'' to 2002's ``Rude Awakening'' until he got into a disagreement with Mustaine and refused to rejoin the band last year.
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