Trademark disputes can come to a head for New Jersey businesses dealing with a range of products, even when the other party involved is in a widely variant industry. For example, one ongoing trademark dispute between a Mexican hotel and the U.S. rock band, the Eagles, has been settled after an ongoing series of challenges between the party. The Mexican hotel bears the name Hotel California, the same name as the Eagles’ classic hit that continues to be widely played decades following its 1976 release.
The trademark case filed by the band was dismissed upon request of both parties after the hotel withdrew an application it had filed with the U.S. Patent and Trademark Office for the name “Hotel California” on its merchandise. The Eagles had earlier filed its trademark infringement claim based on the hotel’s marketing of assorted goods carrying the Hotel California name. The Eagles own the word mark and have used it to market items of their own.
The Mexican hotel had originally carried the name Hotel California in the 1950s before its name and ownership were changed; when new owners came to the hotel in 2001, they sought to resurrect the earlier name and produce merchandise. In response, the band sought profits, damages and an injunction barring the hotel from selling the goods, arguing that customers would be confused about the items and believe the hotel to be connected to the band. The hotel denied these claims then filed for its own trademark on the name for the production of footwear, linens and other household goods.
Following the undisclosed settlement between the hotel and band, all legal proceedings were dropped in January 2018. For businesses, creators and artists dealing with intellectual property concerns, it can be challenging to understand the laws at stake. An intellectual property attorney may be able to help creators to defend their work and put an end to copyright and trademark infringement.