Van Halen agreed to drop its lawsuit against the ex-wife of the Los Angeles band’s drummer, alleging she illegally exploited the group’s name to sell her fashion line, according to court papers obtained Tuesday.
The lawsuit, lodged in federal court in October 2013, alleged that Kelly Van Halen’s “unauthorized” use of the Van Halen name to market clothing, blankets and fashion accessories leads to confusion among consumers and violates federal law.
In a notice filed Monday, the litigants agreed to drop their litigation, with each party responsible for its own legal costs.
Attorneys did not immediately respond to requests for comment.
The band alleged that items marketed by Kelly Van Halen were “identical or closely related to” merchandise sold by the band, causing a “loss in the value” to the group’s name.
Kelly Van Halen launched her baby and children’s collection in 2010, expanding into travel blankets, robes and bedding. She registered her company name five years ago, according to the suit.
The band named after brothers Eddie and Alex Van Halen trademarked its name upon the release of its debut album in 1978, the lawsuit states.
The former Kelly Carter was married to Alex Van Halen for a dozen years, until their divorce in August 1996.
The suit alleges that Kelly Van Halen intends to expand into interior design and construction services and, while the band has no plans to do the same, use of the name would represent another violation of its trademark.
The lawsuit — apparently it was resolved during mediation — sought unspecified damages and a judge’s order barring the ex-wife from using the Van Halen name for business.
— City News Service