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  1. #1
    Hang 'Em High James in New York's Avatar
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    12.17.17 @ 05:23 PM
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    Default Van Halen Sues Drummer's Ex-Wife For Using Famous Last Name (Exclusive)

    There's one downside to a music act naming itself after band members. Just ask Kelly Van Halen, who is being accused of diluting the rock group's brand and committing unfair competition.

    When famous people marry, their spouses often take on a famous last name. That benefit can even survive divorce. But can it be used as a commercial asset?

    Witness a new lawsuit by ELVH, Inc., which is the intellectual property holding company of the world famous rock band Van Halen. The group was eponymously named after its family members -- guitarist Eddie Van Halen and drummer Alex Van Halen (bassist Wolfgang Van Halen, Eddie's son, came into the fold in 2006 replacing Michael Anthony).

    In 1984, Alex married Kelly Carter. Twelve years later, he divorced Kelly Van Halen. Now, nearly two decades after the divorce papers were finalized, ELVH is taking Kelly Van Halen to a California federal court over her use of her name in trade. Specifically, Alex Van Halen's ex-wife has named her construction and interior design company after herself, which the plaintiff asserts is a trademark infringement.

    Way back in 1891, the U.S. Supreme Court ruled, "A man's name is his own property, and he has the same right to its use and enjoyment as he has to that of any other species of property. If such use be a reasonable, honest, and fair exercise of such right, he is no more liable for the incidental damage he may do a rival in trade than he would be for injury to his neighbor's property by the smoke issuing from his chimney, or for the fall of his neighbor's house by reason of necessary excavations upon his own land."

    The question here is whether senior family name users like Eddie and Alex can permanently enjoin junior family name users like Kelly from using "Van Halen" in a commercial enterprise. The outcome might depend on whether it can be shown that Kelly had intent to trade upon the goodwill or reputation of the famous band's moniker.

    In the lawsuit, Kelly is said to have filed two trademark applications on "Kelly Van Halen" for products like chairs, children's blankets, bathing suits, building construction, interior design services and more.

    The band is opposing the trademarks on the ground that the mark -- her real name -- is "confusingly similar to Plaintiff's VAN HALEN Marks in sound, appearance and commercial impression."

    It's also asserted that goods in the apparel and fashion space "are either identical or closely related to the goods sold by Plaintiff," and that Kelly Van Halen is diluting Van Halen, passing off Van Halen and committing unfair competition for Van Halen.

    ELVH is represented by the law firm of Kinsella Weitzman.

    E-mail: Eriq.Gardner@THR.com
    Twitter: @eriqgardner

    VAN HALEN

    ©2013 The Hollywood Reporter
    Fashion your life as a garland of good deeds.

    - Buddha

  2. #2
    Gird your loins Daisy Hill's Avatar
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    12.17.17 @ 03:53 PM
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    Default

    you know what? I can kind of see their point here. sorta kinda

    Kelly and her husband (I think) have a construction/design business under the name KellyBaron they have a website www.kellybaron.com

    recently...actually around the time Van Halen made their comeback...she started branching out into home goods and baby stuff and used the name Kelly Van Halen for this stuff. and registered the website kellyvanhalen.com and started getting some of the stuff into major stores

    seems likely that the reason she would use her former married name for those products is for the instant recognition of that name... it's a way of getting attention for her products for someone who is not known in the lifestyle market I suppose any boost would help


    and the other side of the coin is ....it's her name and I can't see how it would confuse anyone

    sounds like ELVH was ok with it until she started trying to trademark her name
    Last edited by Daisy Hill; 10.16.13 at 04:06 PM.

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  3. #3
    Hang 'Em High James in New York's Avatar
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    Default

    Two construction people sued by Eddie in a week...!

    Whew.
    Fashion your life as a garland of good deeds.

    - Buddha

  4. #4
    Atomic Punk
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    12.23.16 @ 10:32 AM
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    ELVH, Inc. should sue Alex Van Halen and Eddie Van Halen for diluting the rock group's brand from 1996 to 2007

  5. #5
    Eruption zoident's Avatar
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    01.15.16 @ 10:42 PM
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    Default

    Quote Originally Posted by Greenpaw View Post
    ELVH, Inc. should sue Alex Van Halen and Eddie Van Halen for diluting the rock group's brand from 1996 to 2007

  6. #6
    ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Number 47's Avatar
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    Default

    She sells cheap garbage at extravagant prices. Shut her down.

  7. #7
    Good Enough mike zack's Avatar
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    12.17.17 @ 08:24 AM
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    Default

    So when DLR said he was gearing up for Van Halen sessions a couple weeks ago did he mean court sessions!!
    VH RULES!
    21 Shows Attended 1993-2015

  8. #8
    Atomic Punk I Coulda Hada VH's Avatar
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    Default

    "It's so lonely at the top because it's so crowded at the bottom" - Diamond David Lee Roth

    "If at first you don't succeed, then skydiving is not for you"

    "Be careful what you wish for because you just might lose what you already have"

    "Women and Children First ... The REAL Van Halen III"

  9. #9
    Atomic Punk
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    12.04.17 @ 04:15 PM
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    Default

    I seem to recall Ike Turner suing Tina for the same thing. He lost, as we all know...
    I'm FEMALE...Deal with it!

    "Whatever you do, wherever you go, there you are..." Edward Van Halen 1986

    "You spend the first part of your life trying to make your mark, and the second part just trying to cover up your tracks"... Weesfreewheelin, 2012

    "Life's too short to stuff a mushroom"... Shirley Conran, 1975

    "You turn if you want to...The LADY is NOT for turning!"...Margaret
    Thatcher, 1980


  10. #10
    Gird your loins Daisy Hill's Avatar
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    12.17.17 @ 03:53 PM
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    Default

    I blame the Kar-trashians

    everybody now thinks that they have to have a "brand" ..... Van Halen IS a brand...no doubt about that

    but now it looks like someone wants to be the next Martha Stewart, (and it's funny cause now that Martha is losing her luster a thousand people including Gwyneth Paltrow are thinking they are going to be the next 'lifestyle maven')

    while I don't fault anyone like Kelly for being industrious and trying to make something of their life, the Kar-trashians go on and on about protecting their "brand" and trying to deflect anything that makes them look bad...and everything about them looks bad so THAT is a full time job

    but they'e got people believing that everyone is a brand and blah blah blah

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  11. #11
    Forum Frontman Double Down's Avatar
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    11.17.17 @ 12:11 PM
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    Default

    VH is in the right here.
    .
    .
    .
    VH with Dave ('78-'84) - The best years....the "real" VH.
    VH with Sam ('86-'96) - Incredible era....."We have renamed this town 'New Halen!'.
    VH with Gary ('98) - Fucking disaster. WTF was that??
    VH with Wolf/Dave ('12-'15) - Amazing comeback. Smokin' album and tours.

  12. #12
    Atomic Punk MF5150's Avatar
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    12.17.17 @ 11:57 AM
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    Default

    Check out the pillow....



    Check out the PILLOWS!.....



    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

  13. #13
    Atomic Punk bsbll4's Avatar
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    12.15.17 @ 12:23 PM
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    Default

    If she's divorced and remarried, there's no reason to use her name other than to try and hang on to the VH brand and recognition.

    I can't see her winning this.
    CNN may think my opinion matters, but you shouldn't.

  14. #14
    Sinner's Swing! Dutchie5150's Avatar
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    Quote Originally Posted by MF5150 View Post
    Check out the pillow....



    Check out the PILLOWS!.....



    Ellen????
    If you have nothing nice to say about Eddie Van Halen, you're at the right website. - Me (A few years ago)

    "People take Van Halen much more seriously than we do" - David Lee Roth (1980's)

    "I don't sit on the end of your bed while you're trying to make a living" - David Lee Roth (1988)

    "For some reason people love to complain about everything. The internet has made it easy for people to do that. Shut the fuck up and get a life, or show me how good you can do it."- Edward Van Halen

    "A lot of people ask me which Van Halen singer was better. You can't compare them. It's like asking which guitarist is better. Nobody is better than anybody. Every player is their own person."-Edward Van Halen

    "I do like Eddie Van Halen as a player. He gets it right quite often." -Paul McCartney

  15. #15
    Atomic Punk MF5150's Avatar
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    Default

    Quote Originally Posted by Dutchie5150 View Post
    Ellen????
    No...that's....that's Alex's ex......
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

 

 

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