A Van Halen swim ‘suit’? Rockers sue drummer’s ex-wife in name dispute

Van Halen are suing their drummer’s ex-wife, accusing her of illegally exploiting her own last name. According to a lawsuit filed in California federal court, Kelly Van Halen, nee Carter, is diluting the Van Halen brand by using it for her line of children’s blankets, swimsuits and interior design services.

Alex Van Halen – Eddie Van Halen’s brother, and one of the band’s co-founders – was married to Carter from 1984 to 1996. But as the Hollywood Reporter revealed on Wednesday, she has never given up the famous double-barrelled surname, which is at the forefront of her new, eponymous design business.

“After many years in the business of creating luxury homes for others, Kelly started to think more about day-to-day comfort, especially for children,” explains the Facebook page for the Kelly Van Halen company. “It started with a blanket … and the rest is history.”

According to Van Halen’s court documents, Kelly applied on 25 January 2010 for two “multi-class intent-to-use” Kelly Van Halen trademarks. These were to be used for a broad range of products, including armoires, pillows, blankets, ponchos, construction management, installation of solar-thermal installations, and interior design services. Although Van Halen is indeed Kelly’s surname, the musicians claim her trademark is “confusingly similar to [Van Halen’s] marks in sound, appearance and commercial impression”.

Through their intellectual property holding company, ELVH Inc, Van Halen are accusing Kelly of “an intentional violation of [their] rights”. They claim that Kelly Van Halen products constitute trademark infringement, trademark dilution, false designation, and unfair competition with the band’s own merchandise.

In addition to asking the courts to ban Kelly from selling products under the Van Halen name, they have asked for all Kelly Van Halen goods to be destroyed, with the group receiving all profits from what has already been sold. Yes, Van Halen want all the money from those leopard-spotted, furry baby bath towels.

Alex, Eddie and Kelly Van Halen have yet to comment publicly on the lawsuit. The band’s last album, 2012’s A Different Kind of Truth, debuted at No 6.

Source: The Guardian