VAN HALEN Settles Lawsuit With Drummer's Ex-Wife Over Use Of Last Name

According to The Hollywood Reporter, VAN HALEN and its holding company, ELVH, Inc., have settled their lawsuit against Kelly Van Halen, the ex-wife of drummer Alex Van Halen (pictured),claiming that she has infringed on the band's trademark by using her last name as the title of her construction and interior design company. The October 2013 suit alleged that Kelly's use of the name was "confusingly similar" to that of the band, and that she was diluting the VAN HALEN brand and committing unfair competition.

On Monday, attorneys for both Van Halen parties informed a judge that the lawsuit should be dismissed.

Kelly Van Halen's attorney, Daniel DeCarlos, tells The Hollywood Reporter that she can use her full name for her businesses, but has agreed not to get involved in any music-related services that might cause consumer confusion. Additionally, "What she is going to do is to use Kelly Van Halen with another word like 'Designer Originals by Kelly Van Halen,'" DeCarlos said.

Alex married Kelly, whose maiden name is Carter, in 1984. The couple were divorced 12 years later in 1996.

The legal question was whether Kelly could use her last name in a commercial enterprise, and whether her intent was to exploit the goodwill and reputation of the band by doing so.

According to the lawsuit, Kelly was said to have filed two trademark applications on "Kelly Van Halen" for products such as chairs, children's blankets and bathing suits, as well as building construction and interior design services.

VAN HALEN reunited with singer David Lee Roth in 2007 for a successful world tour and made a new album in 2012 called "A Different Kind Of Truth", but the band has been silent after canceling some of its tour plans in support of the record.