A judge on Friday dismissed Nicollette Sheridan’s long-running wrongful termination lawsuit against ABC over her ouster from the hit television series “Desperate Housewives.”
Without ruling on the facts of the case, Superior Court Judge Michael Stern determined the actress should have exhausted her claims to a labor commissioner before pursuing a trial.
The ruling stalled Sheridan’s push for a retrial on claims filed in 2010 that she was fired after she complained that show creator Marc Cherry struck her on the head on the set in 2008.
Last year, a jury deadlocked 8-4 in favor of a Sheridan lawsuit alleging ABC had retaliated against her and cut her Edie Britt character due to her complaints about Cherry.
ABC denied it fired Sheridan or retaliated against her. Cherry and several executives with the show and the company previously testified that the decision to kill off the role was made before the incident with Cherry.
Cherry denied hitting the actress, claiming he tapped her on the head for artistic direction.
Sheridan had been seeking roughly $6 million from her former employers.
Van Halen sues over use of its name
The rock band Van Halen has sued the ex-spouse of one of its members over the use of her own last name for a business venture.
The company that represents Van Halen’s intellectual property, ELVH Inc., is accusing Kelly Van Halen – drummer Alex Van Halen’s former wife – of illegally exploiting the Van Halen name for her construction and interior design company.
Kelly Van Halen, whose name was Kelly Carter before she married the drummer, makes goods including “blankets, robes and accessories for children and adults,” according to her Twitter page.
According to the lawsuit filed in a California court, Alex’s ex filed two trademark applications for “Kelly Van Halen” in 2010. ELVH said in the suit, first reported by the Hollywood Reporter, that the trademark “is confusingly similar to (Van Halen’s trademarks) in sound, appearance and commercial impression.”
The complaint said her use of the name is likely to cause confusion about the goods’ origin and dilute and cause unfair competition for the band’s brand.
It’s common for a wife to take her husband’s last name and keep it after a divorce, but this suit raises the question of whether Alex or Eddie Van Halen can prevent the ex-wife from using the name commercially.
ELVH is asking the court to prevent Kelly Van Halen from using the name, and it’s also seeking all profits from the alleged infringements.
The birthday bunch
Author John le Carre turns 82. Actor John Lithgow turns 68. TV host Ty Pennington turns 49. Actor-director Jon Favreau turns 47. TV producer Trey Parker turns 44. Comedian Chris Kattan turns 43. Writer-director Jason Reitman turns 36. Actress Gillian Jacobs turns 31.