Hotel California trade mark trouble from the Eagles
The Eagles, possibly one of the most well-known US rock band, are especially known for their hit, ‘Hotel California’.
This hit’s name has become the centre of a trade mark clash.
The band has taken action against a hotel, aptly named ‘Hotel California’.
Filed on 1st May in the US, the band states that for over 30 years the Eagles have been using the name on multiple items of merchandise and this has created a unique link with the name and the band.
In addition, the Eagles highlighted the fact they have a pending application to register ‘Hotel California’ for clothing and other merch items.
In regards to the hotel, it was originally opened as ‘Hotel California’ in 1950 but it changed names a number of times.
This was until 2001 when it was purchased by Debbie and John Stuart whose aim was to create a connection with the song, albeit without any permission or collaboration with the Eagles.
During their management, they made it clear to consumers that the hotel was associated by the band and it was the inspiration for the song. This clear push to profit from the band was reflected in customer reviews submitted online.
The Eagles are seeking an injunction, triple damages, any profits as well as costs.
While this may seem a straightforward case, it is complicated by the hotel’s history and its opening using the name ‘Hotel California’.
Time will tell and you can count on The Trademarkroom to bring all the up to date news.
For more information on how you can protect your brand with a trade mark, contact The Trademarkroom, experts with their clients in their focus.
By Ellis Sweetenham
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