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Last Updated: Friday, 14 May, 2004, 10:13 GMT 11:13 UK
Marilyn Manson sues ex-bandmate
Marilyn Manson
Manson released the album in 1993
Singer Marilyn Manson and bandmate Madonna Wayne Gacy are suing a former band member and a record label over alleged copyright infringement.

The pair are attempting to stop Scott Putesky and Florida label Empirewerks Records from releasing an old Manson album, Lunch Boxes and Choklit Cows.

They claim the album makes unauthorised use of images from Manson's book The Long Hard Road Out Of Hell.

The album was recorded with Manson's former band The Spooky Kids in 1993.

Manson and Gacy have said that the release of the album, and an accompanying DVD, is both trademark and copyright infringement.


They also claim that guitarist Putesky, who performed under the name Daisy Berkowitz, is in breach of a settlement agreement related to his departure from Manson's band in 1996.

The pair are seeking at least $500,000 (280,000) in damages.

Richard Wolfe, the lawyer for both Putesky and Empirewerks, said the case was "ill-conceived".

"We've tried to work things out with Manson," he said. "He doesn't respond."

Putesky said that he held on to the band's early recordings when he left in 1996 as he knew they would be valuable.

"It's material written at a time when we didn't feel any kind of presure or any responsibility to deliver a commercial musical product," he said in a recent interview.

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