May 5, 2017

The Eagles band sues hotel over merchandise sales

It has recently come to light that American rock band, The Eagles, have started legal proceedings against a Mexican Hotel in Todos Santos. But what could these two entities possibly have against each other?

The Eagles were one of the most successful rock bands of the 70's, their 5th studio album 'Hotel California' remains one of the bestselling albums of all time. The 'Hotel California' single, from the album of the same name, is considered as the bands most famous recording. The band claims to have generated significant goodwill in the track title in respect of sales of, for example, t-shirts, sweatshirts and posters.

The Mexican hotel, named Hotel California, reportedly sells a range of Eagles 'Hotel California' merchandise. The Eagles claim that the Hotel has sought to benefit from a false association with the Eagles and that has led to consumers believing that the hotel is somehow linked to the band.

The band believe that the hotel is trying to gain financially from deliberately deceiving customers into believing the hotel is associated with them. The band has come to this opinion after coming across multiple online reviews based on which, they claim, the association made by consumers has been clear.

The Eagles have stated that their 'Hotel California' track is the bands most recognisable single and "in many ways embodies the very essence of the band itself".  The hotel in Mexico actually opened in the 1950's under the name 'Hotel California', over twenty years before the band released their single. However, what is important in this matter is that the hotel owners began selling 'Hotel California' merchandise, implying a link with the band.

The band are seeking an injunction in respect of the hotel owners' use of the name on merchandise.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: in: News, Passing Off, Trade Marks

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