"In violation of the clear and unambiguous terms contained in . . . the Settlement Agreement . . . Ellefson used and/or authorized others to use, the word and mark 'MEGADETH' in a full-page, full-color print advertisement in the July 2005 issue of Bass Player magazine, among other publications, to advertise and promote a company called Peterson Electro-Musical Products, Inc., and its product, a 'StroboStomp' pedal tuner for bass guitars," according to the lawsuit. "The advertisement also promotes and advertises Ellefson personally. The advertisement features, among other things, a large picture of Ellefson holding a large Peterson StroboStomp pedal tuner in his hand. Next to Ellefson's face is the text: 'An essential tool in the arsenal…' – David Ellefson, F5, SOULFLY, MEGADETH.'"