Hard Rock Café files motion to dismiss its own TM case
US-based Hard Rock Café has filed a motion to dismiss a trademark infringement claim it had launched against hotel reservation site RockStar Hotels.
The restaurant chain filed the motion on Friday, June 22 at the US District Court for the Southern District of Florida, after the court dismissed the company’s request for a preliminary injunction.
Hard Rock Café sued RockStar Hotels (pdf) in October 2017, taking issue with the defendant’s use of the name ‘RockStar’.
Hard Rock Café owns several trademarks, including the word marks ‘Hard Rock Café’ and ‘Hard Rock Hotel’.
On Thursday, June 21, RockStar Hotels said that the court had rejected Hard Rock Café’s claims. According to RockStar Hotels, the court noted that ‘rock star’ has more than one meaning in the English language and that the services offered by the trademarks are sufficiently different to avoid confusion.
RockStar Hotels’ trademark for its name covers goods and services related to marketing services for hotels and making hotel reservations for others.
According to the motion, Hard Rock Café and RockStar Hotels conducted mediation in May 2018 and have been engaged in settlement negotiations. The parties and mediator set a deadline of July 1 to continue negotiating with the assistance of a mediator.
Robert Santucci, president of RockStar Hotels, said that the court’s judgment represents a “great victory for the independent entrepreneur”.
He continued: “We have a notably distinct offering aimed at discerning travellers, and we are very appreciative of the court’s decisive recognition that in no way do we infringe on the Hard Rock Café’s identity or offerings.”
Laura Chapman, partner at Sheppard, Mullin, Richter & Hampton and RockStar’s legal counsel, added: “The court has clearly reached the right result in rejecting Hard Rock Café’s request for a preliminary injunction and finding that Hard Rock Café is unlikely to prevail at trial."
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