LOS ANGELES – The lead singer of Megadeth (search) sued the band's former bass player for allegedly using the name of the group without permission in an advertisement for musical equipment.
The suit filed Monday in Superior Court by David Mustaine (search) claims he and David Ellefson (search) entered into a settlement agreement in February that restricts the guitarist's use of the band name.
"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," according to the lawsuit.
Mustaine said an ad in this month's issue of "Bass Player" features Ellefson holding a pedal tuner for bass guitars and includes the names of several bands he is involved with — including Megadeth.
Mustaine is seeking unspecified compensatory, punitive and exemplary damages.
Megadeth was founded in 1983 and released a greatest hits album, "Back to the Start" (search) last month. Ellefson is hailed as one heavy metal's greatest bass players, and helped Megadeth create their most popular albums, such as "Rust In Peace," (search) "Countdown To Extinction," (search) and "Peace Sells... But Who's Buying?" (search)
Ellefson appeared on albums from 1985 to 2002 until he got into a disagreement with Mustaine and refused to rejoin the band last year.