Van Halen Settle Trademark Lawsuit With Alex Van Halen’s Ex-Wife
After several years of legal wrangling, a lawsuit between Van Halen and Alex Van Halen’s ex-wife Kelly has reportedly been “amicably resolved.” They were arguing over her right to use the Van Halen name.
The former Kelly Carter, who married Alex in 1984, retained her married last name after their divorce in 1996. According to the Hollywood Reporter, her attempt to set up self-named interior design and construction company was thwarted by ELVH, Inc., the band-owned company that oversees Van Halen's trademarks. ELVH sued Kelly in October 2013, claiming that her use of the last name “will confuse consumers with the rock band Van Halen … [and] somehow tarnish or blur the alleged distinctiveness of plaintiff's mark."
Kelly's attorney, Daniel DeCarlos, says that the settlement allows her to use her full name, but not on any “music-related services.” DeCarlos adds, "What she is going to do is to use Kelly Van Halen with another word like 'Designer Originals by Kelly Van Halen.'"
On Monday (Jan. 5), both parties told the judge that the lawsuit was to be dismissed. However, because this was settled out of court, the Hollywood Reporter says there is no provision to resolve future disputes.
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