The Band sues an actual Hotel California!

[NoNottheFootballTeam]

Yahoo News just released an interesting tidbit (news is self explanatory):
https://www.yahoo.com/movies/eagles-sue-hotel-california-150236492.html

[Brooke]

Thanks for that, NNtFT! I caught a bit about it earlier this morning, but hadn't had time to find out what it was all about.

Wouldn't you think the hotel owners would have known not to mess with Don Henley and the Eagles?! :lol:

[NightMistBlue]

There's a hotel in Santa Monica with that name; I wonder why it hasn't been sued. http://www.hotelca.com/

Beach Boys tidbit: It used to be called the Santa Monica Bay Inn, back in the early 1980s when Dennis Wilson lived there.

But back to the hotel in Baja that the Eagles are suing: its original name in 1950 was Hotel California, so... couldn't the current owners just claim that they were reverting to its historical name?

[TW]

There's a hotel in Santa Monica with that name; I wonder why it hasn't been sued. http://www.hotelca.com/

Beach Boys tidbit: It used to be called the Santa Monica Bay Inn, back in the early 1980s when Dennis Wilson lived there.

But back to the hotel in Baja that the Eagles are suing: its original name in 1950 was Hotel California, so... couldn't the current owners just claim that they were reverting to its historical name?
I haven't done enough research yet to give a complete explanation, but it appears that this hotel has tried to convince guests that it is related to the song in some way (which the Eagles claim it is not). The Santa Monica hotel can have that name as long as they don't claim that it is related to the band or the song in any way.

[sodascouts]

I have to admit, when I first heard about this lawsuit, I thought, "There they go again." However, if it's true that the hotel was fraudulently claiming to be the inspiration for the song or something to that effect, they are justified in putting a stop to it.

[TW]

I have to admit, when I first heard about this lawsuit, I thought, "There they go again." However, if it's true that the hotel was fraudulently claiming to be the inspiration for the song or something to that effect, they are justified in putting a stop to it.
That was my reaction too until I read further into it.

[New Kid In Town]

I saw this on the news last night and the reporter said they play Eagles music in the hotel lobby and throughout the hotel.
However, when I first heard it my first thoughts were also "here we go again" too,

[travlnman2]

http://www.foxnews.com/travel/2017/05/04/eagles-file-lawsuit-against-hotel-california.html


It's not located on a dark desert highway, and guests are presumably allowed to leave, but the Eagles still feel that a real-life Hotel California is ripping off their biggest hit.

The band filed a lawsuit against the Mexican hotel this week, accusing the owners of encouraging guests to believe that it's associated with the band, Reuters reports.

According to the lawsuit, the hotel pumps "Hotel California" and other hits through its sound system, as well as sells merchandise describing itself as "legendary."

The hotel in Baja California Sur actually opened under the name Hotel California in 1950, more than 25 years before the Eagles released the song of the same name, the Hollywood Reporter notes.
Its name changed several times before new owners took over in 2001 and allegedly sought to boost business with what the lawsuit calls a "reputed, but false, connection to the Eagles." Though the hotel's website states the owners have no connection with the band "nor do they promote any association," it says its guests "are mesmerized by the 'coincidences'" between the song and hotel itself (yes, you can hear mission bells).

The lawsuit, which was filed in Los Angeles, seeks damages and an injunction preventing the hotel from using the name. Reuters quotes a 2016 CBS News interview with Don Henley in which he explained the song wasn't really about California—or Mexico, apparently—but rather "a journey ... it's about America." (This music suit involves Eminem and New Zealand's ruling party.)

[travlnman2]

http://www.nbcnews.com/pop-culture/music/eagles-sue-hotel-california-n754621

[New Kid In Town]

CBS had a segment on this this morning and the attorney they spoke to said they had a very good chance of winning. She read emails to the hotel from patrons who had stayed there and everyone she read as an example mentioned the Eagles and the song HC.

[sodascouts]

We have some posts about this in the Press thread. I'll move them over here.

ETA: Done!

[buffyfan145]

I saw the CBS This Morning segment too and they had footage of the hotel and they clearly are trying to say this is the hotel in the song and had Eagles things there. So they totally are in the right to go after them.

[Freypower]

According to the BBC the hotel does not claim any association with the Eagles.

http://www.bbc.com/news/entertainment-arts-39791284

[sodascouts]

Hmm. Well, it doesn't take much for Don Henley to call his lawyer, but I hope this one isn't as spurious as the infamous suing of the non-profit American Eagle Foundation (http://www.billboard.com/articles/news/79463/eagles-drop-suit-against-eagle-group) (a lawsuit spearheaded by Henley and Azoff which was eventually dropped). That was a long time ago - it was filed in 1998 and dropped in 2001 - and I think they learned from it to be a bit more discriminating in whom they target.

The hotel owners state in their hotel's pamphlets that they're not the hotel of the song, but apparently the band believes they are implying it in their marketing. I don't think it's a stretch to assume that the hotel owners decided to revive the hotel's original name, one which had not been used in years, due to the song's fame.

In some ways, it's similar to Don's 2014 lawsuit against the Duluth Trading Co.'s ad for henley shirts which said "Don a henley and take it easy" (see more here (http://www.rollingstone.com/music/news/don-henley-sues-maker-of-henley-t-shirt-over-pun-20141010)). He won that suit (in the sense that they apologized and stopped using the ad - technically it was settled (http://www.trademarkologist.com/2015/04/it-is-settled-you-cant-don-a-henley-and-take-it-easy/)). In the resulting settlement, Don had them donate the money to Walden Woods instead of pocketing it himself, for what it's worth.

[Philh]

I agree with the band- the hotel is using the Eagle's name to sell merchandise and a lot of the hotel guests believe it is the Hotel California.

[sodascouts]

I agree with the band- the hotel is using the Eagle's name to sell merchandise
If the hotel is explicitly trading off the song in its merchandising and/or marketing, the case is strong. If the connection is not explicit but rather implied, it would be more difficult to make the case; however, it could still be done.


and a lot of the hotel guests believe it is the Hotel California.

Eh, I think they should stay away from using guest reviews as their evidence. There are a lot of clueless people out there, so one could argue it's not the hotel's fault that many of their patrons are ignorant.

I got the following from the BBC article (http://www.bbc.com/news/entertainment-arts-39791284):
Reviews on TripAdvisor show that some visitors believe it is the hotel referenced in the hit song.

"It has put this otherwise sleepy little Baja town on the map for tourism," wrote one (https://www.tripadvisor.co.uk/ShowUserReviews-g150777-d152678-r480358155-Hotel_California-Todos_Santos_Baja_California.html#CHECK_RATES_CONT ), while another reviewer states (https://www.tripadvisor.co.uk/ShowUserReviews-g150777-d152678-r441223601-Hotel_California-Todos_Santos_Baja_California.html#CHECK_RATES_CONT ) the building is "the place where the Eagles wrote the song".

However, most of the reviews debunk the myth. "The association often made between this hotel and Eagles song of that name is not supported in fact, only implied," is a typical comment (https://www.tripadvisor.co.uk/ShowUserReviews-g150777-d152678-r428507757-Hotel_California-Todos_Santos_Baja_California.html#CHECK_RATES_CONT ).

Another review notes (https://www.tripadvisor.co.uk/ShowUserReviews-g150777-d152678-r364889551-Hotel_California-Todos_Santos_Baja_California.html#CHECK_RATES_CONT ): "This is not the hotel they are singing about [and] once you enter the hotel, you can read the pamphlets with the history of the hotel and they will tell you the same thing."

[Philh]

Interesting article about the case including a link to the actual complaint

http://www.mondaq.com/unitedstates/x/593408/Trademark/The+Eagles+Hotel+California+Case+Who+Will+Win+In+t he+Long+Run

[Funk 50]

It's Business As usual :D

The Eagles lawyers must be delighted that the band haven't called it a day.

[UndertheWire]

Would I be right in thinking that the Eagles lawsuit was prompted by an attempt by the Hotel to trademark the "Hotel California" name?

[New Kid In Town]

I am surprised they did not file for some kind of protection against the use of the name years ago. That hotel has been around for awhile. I agree that it is probably the hotels actions in filing for trademark protection that prompted the lawsuit. Based from what the article said, it appears the hotels right to the name expired three years after it stopped using "Hotel California" as it's name back in the 50's.

Mary C. - I know you are an attorney - can you give your opinion on this. Any other US attorneys on the board?

[VillageGirl]

NKIT, unfortunately Mary California and a few really cool other people left the Border over a month ago :( I really enjoyed her posts. Not sure if there is another attorney with her specialty on here.

[New Kid In Town]

VillageGirl - Thank You. I loved reading her posts as well as most other people too.

[Delilah]

The defendant Hotel has filed an answer to the Eagles' complaint.


"The Hotel California and its affiliates have for many years owned Mexican and U.S. trademark applications and registrations for the trademark Hotel California for its goods and services, and claim no association with the Eagles, with their song 'Hotel California' or with their record album of the same name released in 1976," the owners noted.

"Mexico's Hotel California Responds to Eagles' Copyright Lawsuit" Rolling Stone, May 31, 2017 (http://www.rollingstone.com/music/news/mexicos-hotel-california-responds-to-eagles-lawsuit-w485138)

[Freypower]

The lawsuit with the Mexican hotel has been settled.

https://www.rollingstone.com/music/news/eagles-settle-lawsuit-over-hotel-california-name-w515608

[Topkat]

Seems like the lawsuit has mutually been dropped.