In retrospect, it’s amazing that Morrissey and Johnny Marr were ever able to be in a band together. These days, those guys simply do not like one another. They haven’t liked each other for a long time, but lately Morrissey has gone public with some of his gripes about Marr. Last month, Morrissey claimed that the Smiths had received a huge offer for a reunion tour and that he was willing to do it but that his former bandmate Marr “ignored the offer.” Last week, Morrissey further claimed that Marr was blocking the release of a Smiths greatest-hits album. Now, Morrissey says that Marr has acquired the rights to the Smiths name.

In a statement posted on Morrissey’s website last night, someone representing Morrissey wrote that Marr’s trademark application for “the Smiths” had been accepted and that this could theoretically lead to Marr and another lineup touring as the Smiths. Here’s the statement:

THE PLOT THICKENS

J Marr has successfully applied for 100% trademark rights / Intellectual Property ownership of The Smiths name. His application has been accepted on whatever oaths or proclamations he has put forward. This action was done without any consultation to Morrissey, and without allowing Morrissey the standard opportunity of ‘objection’. Amongst many other things, this means that Marr can now tour as The Smiths using the vocalist of his choice, and it also prohibits Morrissey from using the name whilst also denying Morrissey considerable financial livelihood.

Morrissey alone created the musical unit name ‘The Smiths’ in May 1982.

This statement comes a few days after Gene Simmons, of all people, addressed the Morrissey/Marr situation in a Forbes interview. For whatever reason, the interview turns to Morrissey’s recent woes. Simmons says that he’s “exchanged pleasantries” with Morrissey and that it’s “lunacy” to turn down such a huge reunion offer. Simmons goes on to advise Morrissey to “get rid of the guitar player and get someone else”:

Get rid of the guitar player and get somebody else. Nobody cares. They just want to hear the songs. I keep saying this over and over again. If you go down the street, and with all due respect to Johnny Marr, you go down the street and ask the general person, “Who’s Johnny Marr?” they won’t know who you’re talking about.

[Hypothetically], saying no to $100 million dollars would be lunacy. What other job would pay you that!? Unless you’re willing to break your back and play football or something…

Of Morrissey, Simmons also says, “He’ll be okay [laughs]. His rent is covered and he’s got food in his belly. He’ll figure it out.” To Simmons’ point, it’s possible that Johnny Marr locked up the Smiths trademark just to keep Morrissey from putting together a different version of the band, but that’s pure speculation on my part.

Earlier in the evening, Morrissey’s site also posted that he’d threatened a lawsuit over a former collaborator referring to him as “racist.” Kathy Burke, an actress who appeared in Morrissey’s “Ouija Board, Ouija Board” video in 1989, released an episode of her podcast Where There’s A Will There’s A Wake last year and referred to Morrissey as a “racist wanker.” It appears that the episode has since been edited.