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28 October 2014Trademarks

Trademark wrangle over ‘Hotel California’

A US property company has sued an Ohio-based hotel for alleged trademark infringement over the rights to the name ‘Hotel California’.

Ocean Avenue Properties, which runs the Santa Monica-based Hotel California hotel and another branch in San Francisco, has claimed it has owned the rights to the name since 1997.

It accused the soon-to-be-opened Hotel California, in Youngstown, Ohio, of trademark infringement and said customers may think the two are affiliated.

In its complaint, filed at the US District Court for the Northern District of Ohio, Ocean Avenue said the ‘Hotel California’ trademark has become synonymous with its brand and that it has franchised and licensed the name to other hotels in California.

“Ocean Avenue Properties has widely and continuously promoted their hotel services under the trademarks ‘Hotel California’ and ‘The Hotel California’ and have invested substantial resources in advertising and marketing the brand and expanding their franchise,” the complaint said.

Ocean Avenue said the hotel has had “a substantial number of favourable reviews” from patrons and recognised travel guides including Lonely Planet and Travel Smart Magazine.

The company added that its name became popularised due to the 1972 track Hotel California by US rock band The Eagles.

According to the complaint, in July this year Ocean Avenue discovered businessman Sebastian Rucci was planning to open his own Hotel California in Ohio.

Ocean Avenue said that despite sending it sent cease-and-desist letters, the hotel persisted with its “unauthorised use” of the name and filed applications with the US Patent and Trademark Office to register ‘Hotel California’ and ‘Hotel Cali’.

The complaint added that the defendants have used and are using the mark in the advertising and sale of services in “a fashion and design as to imitate, counterfeit, copy, and reproduce” Ocean Avenue’s trademarks.

Ocean Avenue has asked the court to halt the “unauthorised use” of its trademarks and is also seeking damages.

The hotel in Ohio did not respond to a request for comment.

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