(Associated Press) (05/14/04)

By Josh Grossberg

Edited By Michael Bennett

LOS ANGELES, CA, USA - MARILYN MANSON is out for blood.

Manson and bandmate Madonna Wayne Gacy have filed a lawsuit against an ex-band member and a Florida record label to halt the release of an album of old Marilyn Manson tracks.

The suit, filed in federal court in Los Angeles, claims that Scott Putesky and Empirewerks Records unlawfully used illustrations from the mascara-lovin' showman's tome "The Long Hard Road Into Hell" on "Lunch Boxes & Choklit Cows" -- a disc of material Manson recorded in 1993 with his former band, THE SPOOKY KIDS.

The complaint says that the sale of the album and accompanying DVD constituted infringement on the Antichrist Superstar's trademark and copyright, and also violated a settlement agreement Putesky signed with Manson after exiting the band in 1996.

Manson (real name: Brian Warner) and Gacy (real name: Stephen Bier) are asking a judge not only to block the album's sale, but they're also seeking at least $500,000 restitution as well as unspecified punitive damages.

Neither Putesky -- who played guitar for Manson in the early '90s under the moniker "Daisy Berkowitz" -- nor his attorney, Richard Wolfe, could be reached for comment. Calls to Empire and Manson's reps were not immediately returned Friday.

However, Wolfe told Billboard that the lawsuit was "ill-conceived" and said he would have liked to have seen the case been made in Florida's Broward County Circuit, where prior motions regarding a settlement have already been filed.

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

Putesky said in a recent interview that he kept early recordings of the Manson band, figuring the performer would eventually hit the big time.

Manson, of course, is probably better known for making controversy than making music.

And he shows no signs of quitting.

The 35-year-old rock oddity is in talks to take on the role of Jesus Christ in "Diamond Dead," an upcoming film by director George Romero (Night Of The Living Dead).

Described as a dark comedy, it tells the tale of a rock band that makes a deal with the Devil and reportedly features a scene in which Jesus smokes pot.

Such a dope show is already being crucified by conservative Christians, some of whom have vowed to shut down production on the movie.

"The idea of Marilyn Manson in the role of Jesus Christ is getting all sorts of reactions," trumpets the "Diamond Dead" Website.

"Someone emailed me saying that it's a horrible and anti-Christian idea, but nevertheless they are praying for us."

And that's just the latest in a long line of controversial Manson moments.

Last fall, officials at Six Flags Darien Lake in upstate New York barred him from appearing at the venue as part of Ozzfest after deeming his stage act "inappropriate."

And in December, authorities in Zurich launched a criminal investigation after fielding complaints by a religious group offended by his 2001 concert there, but prosecutors ultimatelydeclined to press charges.

Manson, who describes his onstage antics as "shock art," also faced charges of disorderly conduct and assault and battery after gyrating his genitalia on a security guard's head during a 2002 show in Michigan.

Manson ended up pleading no contest and was ordered to pay $4,000 in fines but avoided jail time.

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