Hotel California, NY Daily News (Inset)
This longtime cherished American band absolutely will not stand for anyone trying to use the name of its songs lightly and has proven this after filing a lawsuit against a small Mexican business earlier this week.
In a report by The Hollywood Reporter, it is revealed that the Eagles have filed a trademark infringement against a small hotel in Baja, California which is using the name ‘Hotel California’ to conduct business. According to their complaint, the use of the name goes too far and exceeds just simply calling themselves ‘Hotel California’.
Attorney Laura Wytsma writes about the usage of the band’s signature song title, saying, “Through advertising targeted to U.S. consumers, and in-person communications, Defendants lead U.S. consumers to believe that the Todos Santos Hotel is associated with the Eagles and, among other things, served as the inspiration for the lyrics in ‘Hotel California,’ which is false.”
Furthermore, the lawsuit calls the song “the essence of the band itself” adding that the world-famous music group has been using the name on merchandise and products since the late 1970s.
The hotel, called ‘Hotel California’, is a small business that first opened in 1950 under the same name, but went through a series of changes in business ownership and name changes over the years. Most recently, a pair bought the hotel in 2001 and reverted it back to the original name, but tried to use the namesake to imply to visitors that there was a connection to the song or story behind the song – according to the complaint.
The attorney continues to say that the hotel is playing the Eagles’ music, selling various merchandise that is used to further their guest’s impression that the song and small hotel are somehow connected – a claim that the band and their attorney dispute.
Currently the band is seeking an immediate injunction to prevent the hotel from using the name, likeness, or otherwise while they’re in dispute and is also seeking a return of profits, actual and exemplary damages.
Watch the video below that covers the lawsuit in a little more detail and let us know what you think in the comments.
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