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Hotel California Baja LLC, which runs the Todos Santos hotel
in Baja California Sur, said the band long ago waived its
trademark rights, having waited four decades to assert them
since releasing the song "Hotel California" on a 1976 album with
the same name.
The owner said it "flatly denies" the Eagles' "baseless
contention" that the 11-room hotel seeks to mislead travelers
into thinking the property is associated with the band.
"Any alleged use of plaintiff's trademarks is not likely to
cause confusion, deception or mistake as to association,
connection, sponsorship, endorsement, or approval of plaintiff,"
the owner said in a filing in Los Angeles federal court.
Lawyers for the Eagles were not immediately available for
comment.
In their May 1 lawsuit, the Eagles said the defendant encourages
guests to believe their hotel is associated with the band,
including piping its music through a sound system, to sell
T-shirts and other merchandise. [nL1N1I40Q8]
The hotel is located about 1,000 miles (1,609 km) south of San
Diego and 48 miles (77 km) north of Cabo San Lucas.
It was named Hotel California at its 1950 opening, underwent
some name changes, and later revived the original name after a
Canadian couple, John and Debbie Stewart, bought it in 2001.
U.S. District Judge Gary Klausner scheduled a conference in the
case for Aug. 21.
The album "Hotel California," won the 1977 Grammy Award for
record of the year.
The case is Eagles Ltd v Hotel California Baja LLC et al, U.S.
District Court, Central District of California, No. 17-03276.
(Reporting by Jonathan Stempel in New York, editing by G Crosse)
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