Mustaine and bassist David Ellefson had a falling out a few years ago and Ellefson, who held down the bottom in Megadeth from 1985 to 2002, refused to rejoin the band last year. According to the lawsuit, the two musicians entered into a settlement agreement in February restricting the bass player’s use of the name.
In the recent advertisement, Ellefson endorses a pedal tuner for bass guitars, and the ad includes the names of bands he has played for, including Megadeth.
The lawsuit says, “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.”
Mustaine is seeking unspecified compensatory, punitive and exemplary damages.