Van Halen 'Amicably Resolve' Name Usage Lawsuit - Rolling Stone
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Van Halen ‘Amicably Resolve’ Name Usage Lawsuit

Kelly Van Halen, the ex-wife of drummer Alex, battled the band’s copyright holders for three years to operate businesses that utilized her married name

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Drummer Alex Van Halen, singer David Lee Roth and guitarist Eddie Van Halen of Van Halen perform at the MGM Grand Garden Arena on May 27, 2012 in Las Vegas, Nevada.

David Becker/Getty Images

A three-year legal battle over the name “Van Halen” has finally been settled. Kelly Van Halen, who was once married to the Rock and Roll Hall of Fame band’s drummer, Alex Van Halen, until they divorced almost 20 years ago, has been fighting to use her famous last name on a variety of businesses like a construction and interior design company.

When Kelly Van Halen attempted to trademark products donning her name, ELVH Inc., the entity that protects the copyright of the band’s moniker, argued in various courts that Kelly Van Halen’s use of her name diluted their brand, The Hollywood Reporter writes, ultimately filing a lawsuit in October 2013 to prevent her from infringing on “Van Halen.” However, on January 5th, both parties alerted the judge presiding over the case that they want the lawsuit to be dismissed after settling the matter out of court.

As part of the settlement, Kelly agreed to not put her name anywhere near any music-related products. Secondly, “what she is going to do is to use Kelly Van Halen with another word like ‘Designer Originals by Kelly Van Halen,'” her attorney Daniel DeCarlos told The Hollywood Reporter.

The Hollywood Reporter also points out that the “amicably resolved” conclusion of this lawsuit prevents the case from setting a legal precedent for future name usage issues, especially in cases involving family members.

The Van Halen lawsuit was also reminiscent of when Katy Perry threatened to sue Australian designer Katie Perry over the use of their similar-sounding name, even though Katy Perry’s real name is Katy Hudson. However, after Katie Perry received a cease-and-desist letter from Katy Perry’s legal team, and following criticism about the suit in the media, the singer decided not to pursue her same name lawsuit against the designer.

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