This Lawsuit Ain't Talkin' 'Bout Love Print
Wednesday, October 30 2013

Legendary rock band Van Halen is suing member Alex Van Halen's ex-wife claiming trademark violation because of her intended use of the band's name in her construction and interior design business. Kelly's defense? It's her last name too, and has been for 30 years.

When Kelly Carter married Alex Van Halen in 1984 she changed her name to Kelly Van Halen.  After their divorce in 1996, Kelly kept the Van Halen surname.  According to news reports, she is now using the name for her own private businesses, including swimsuits, blankets and interior design services, which the band alleges dilutes its trademark. In the legal filings, the band further claims that Kelly Van Halen's proposed trademark (Kelly Van Halen) is confusing similar to the band’s (Van Halen) trademark.

In reporting on the case, the Hollywood Reporter cited the U.S. Supreme Court case of Brown Chemical Co. v. Meyer (1891), noting that, "A man's name is his own property, and he has the same right to its use and enjoyment as he has 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 smoke issuing from his chimney, or for the fall of his neighbor's house by reason of necessary excavations upon his own land."

Source: blog.findlaw.com