BajaNomad - Eagles sue Hotel California

Ya hafta wonder where this forum is going when this thread gets 29 replies and 833 views. Isn't there anything better going on?

Guess there's nothing here that interests you. Ever been to the hotel? Do you know Todos? Everything there. Use to travel to La Paz for provisions. Now go no further than Todos. Chose LP for supplies over Cabo because of the old road. It was never a fun and relaxed drive. Now, it's an autobahn and part of Paradise.

I love the Hotel California and the food really is great. Don't get out much and haven't been there is a couple years. Out of town guests love it there too.

Beagle - 5-3-2017 at 12:01 PM

Don't forget about Tequila Sunrise, directly across the street. They could maybe just sue the whole block.

Edit: I see Lee already pointed that out.

But if anything was named after a song….

[Edited on 5-3-2017 by Beagle]

norte - 5-3-2017 at 01:09 PM

Ya hafta wonder where this forum is going when this thread gets 29 replies and 833 views. Isn't there anything better going on?

Many times, mostly many years ago. Todos Santos (not just Todos) like much of the Baja California peninsula lost its appeal for me with the influx of gringos and crime. We have now evolved to the Eagles suing Hotel California and shootouts in San Jose del Cabo as being headliners. No thanks...not for me. Have fun shopping at Costco.

DanO - 5-3-2017 at 02:04 PM

Quote: Originally posted by JoeJustJoe

It looks like it's a publicity stunt by a dying band still trying to get attention, or a nuisance lawsuit designed to scare the hotel to pull the name of the hotel, from 'Hotel California" to something else, knowing that lawsuits alone, costs thousands of dollars to defend, and can easily break a small business.

If I were the hotel I would call the bluff, of the "eagles band" and have the hotel's attorneys, challenge the jurisdiction of the LA court from even hearing the case with a motion.

And even if the Eagles were successful with a lawsuit, what will they win? There are no Punitive damages in Mexico, and some US courts have been known to award damages according to the laws of Mexico, not the US, and that would be nothing, after deducting the attorney fees.

And then there is the collection of the judgement. Good luck with collecting that from a business in Mexico.

Uh, no.
1. Hotel California Baja LLC, the company that is seeking to trademark "Hotel California," is a California-based limited liability company (https://businesssearch.sos.ca.gov/CBS/Detail), so your jurisdictional argument would be DOA.
2. Mexican law doesn't apply to U.S. trademark infringement cases, and under trademark law, willful infringers can be liable for treble (punitive) damages and attorneys' fees.
3. But I'm sure the Eagles could care less about the collectability of any money judgment -- they're in it to stop these people from making money off their work by selling goods with their trademark on them -- which is why we have trademark laws. That said, it's an interesting question whether the term "Hotel California" really is protectible as a trademark, but the fact that the Hotel California Baja LLC folks have repeatedly sought to register it as their own trademark seems to be an indication that they think it is.

And as for your assertion that they're a dying band still trying to get attention, well, Glenn Frey did die, so there's that. On the other hand, they've sold over a hundred million records, fifth all-time after the Beatles, Garth Brooks, Elvis and Led Zeppelin. http://www.businessinsider.com/best-selling-music-artists-of... It doesn't exactly seem like they're starving for attention to me. (Disclaimer -- the Eagles are far from my favorite band, but Joe Walsh frickin' ROCKS!)

DanO - 5-3-2017 at 02:21 PM

Following up on my Joe Walsh disclaimer above, here's Joe playing a few songs and hanging out with Darryl Hall. Playlist, where you can jump to the songs, is on the lower right. Enjoy.

http://www.livefromdarylshouse.com/currentep.html?ep_id=75

chippy - 5-3-2017 at 03:49 PM

Quote: Originally posted by DanO

Following up on my Joe Walsh disclaimer above, here's Joe playing a few songs and hanging out with Darryl Hall. Playlist, where you can jump to the songs, is on the lower right. Enjoy.

http://www.livefromdarylshouse.com/currentep.html?ep_id=75

Thanks dano!

luv2fish - 5-3-2017 at 07:57 PM

Quote: Originally posted by SFandH

The two Ruskie brothers that own Papas and Beer and half of Ensenada and a big part of San Quintin are the owners of The Hotel California. Hussong is the name.

Lee - 5-3-2017 at 08:06 PM

Quote: Originally posted by DanO

There's a youtube video of Cheap Trick at Darryl's too.

Had Joe Walsh on factory installed 8-track 1970 ''James Gang Rides Again.'' Funk #49. 50 year fan.

joerover - 5-3-2017 at 08:24 PM

http://www.businessinsider.com/best-selling-music-artists-of...

In Deadwood South Dakota.
A saloon has the real wild bill death chair.
Another saloon has the authentic wild bill death chair.

Both of those saloons were built long after he died
Infact; there is only one building in Deadwood over 100 years old.

Many a saloon or hotel has a false claim to fame. How do you get the tourists to stop for truth?

monoloco - 5-3-2017 at 09:36 PM

Quote: Originally posted by elgatoloco

The Eagles have spent 40 years making music and building a brand that is know all over the world. The Hotel California has been playing off the whole 'connection' and it was cute until they tried to trademark it. I have no problem with the Eagles trying to protect what they have built. Any responsible business owner would and should do the same. Kind of like when Disney sues a day care center for painting pictures of Goofy and Mickey walls.

I remember when the Eagles did their acoustic version of the song Hotel California. The happiest guy on the planet was the poor sap working the gift shop at the hotel around that time. He at least had two songs to listen to over and over and over and over and over. Even if they were the same song. He told me the owners would not allow him to play anything else. Ever.

The hotel has been called the Hotel California for over a half a century, it's not like the owners named it that to cash in on the popularity of the song with the same name. The fact that the hotel has the same name as the song doesn't has little to do with it's popularity, the previous owner pushed that fable relentlessly, and it still ended up as a boarded up run down hulk. Is it the responsibility of the hotel to put a disclaimer on the front of the building letting their clients know they have no relationship to the song or the band? They do in fact have such a disclaimer on the hotel's website. The current owners have made a significant investment and devoted a good many years of their labor into making the hotel the success that it is today, and they have every right to cash in on the name of their successful business to sell products as long as they have make no reference to the band or the song. What gives the Eagles the exclusive right to a name that had already existed for many many years when they decided to use it as a song title?

monoloco - 5-3-2017 at 09:47 PM

Quote: Originally posted by tripledigitken

Back in the mid 90's we stopped in at the Hotel California for a drink. Just a couple of grey ponytailed gringos enjoying a drink too. For a half hour or so all that was played on the sound system was Eagles songs, over and over. When we paid our bill I asked the bartender if he ever got tired of the Eagles music, his response, "it hasn't been so bad since they came out with the new album". We had a laugh and went on our way.

(1994 they released When Hell Freezes Over, after years of no albums.)

In the mid-nineties the previous owner told anyone who would listen that it was in fact the famous hotel from the song, the fact that the hotel failed and ended up as a run down boarded up hulk is evidence that the current popularity of the hotel has little to do with the name association to the song. The current owners bought the hotel in 2001 and made a considerable investment in refurbishing the hotel and turning it into one of the central attractions of the town, I believe that most of the people who visit the hotel neither believe that it is associated with the Eagles, nor care. The popularity of the hotel has been very beneficial for the town providing many good paying jobs.

monoloco - 5-3-2017 at 09:51 PM

Quote: Originally posted by Beagle

Don't forget about Tequila Sunrise, directly across the street. They could maybe just sue the whole block.

Edit: I see Lee already pointed that out.

But if anything was named after a song….

[Edited on 5-3-2017 by Beagle]

That is the business of the former owner who is still shamelessly trying to cash in on the myth.

monoloco - 5-3-2017 at 09:59 PM

Ya hafta wonder where this forum is going when this thread gets 29 replies and 833 views. Isn't there anything better going on?

Since it has lost it's appeal for you, why do you feel the need to participate in a Baja forum? Just to constantly put your negative two cents worth in? And yes, I do enjoy shopping at Costco, and driving there on the nice new safe four lane highway. I have been here over 25 years and still haven't had to dodge a bullet. I really used to enjoy southern California back when it had orange orchards, and it's not for me now, but I don't feel the need to go on a travel forum for southern California and denigrate it.

norte - 5-4-2017 at 06:58 AM

Ya hafta wonder where this forum is going when this thread gets 29 replies and 833 views. Isn't there anything better going on?

Oh darn. I forgot you have to be a part of the new baja elite to post here.

DENNIS - 5-4-2017 at 07:43 AM

http://st2.depositphotos.com/2117297/11498/i/950/depositphot...

monoloco - 5-4-2017 at 10:13 AM

Ya hafta wonder where this forum is going when this thread gets 29 replies and 833 views. Isn't there anything better going on?

Oh darn. I forgot you have to be a part of the new baja elite to post here.

You said yourself that Baja "is not for you" so why troll a Baja forum? There are other forums for Baja and Mexico haters.

JoeJustJoe - 5-4-2017 at 11:14 AM

Give it a rest Monoloco. The guy just stated his opinion that he is tiring of Mexico, and thinks threats like this one are boring.

He is entitled to his opinion, and I don't really see it as degrading Mexico. Believe me, I know degrading posts of Mexico when I see it.

Now Monloco, why have you suddenly decided to monopolize this thread?

monoloco - 5-4-2017 at 04:14 PM

Quote: Originally posted by JoeJustJoe

Give it a rest Monoloco. The guy just stated his opinion that he is tiring of Mexico, and thinks threats like this one are boring.

He is entitled to his opinion, and I don't really see it as degrading Mexico. Believe me, I know degrading posts of Mexico when I see it.

Now Monloco, why have you suddenly decided to monopolize this thread?

Because I have lived here for a long time and know a bit about the issue and don't like seeing a bunch of false info spouted about a business that has been very good for the town.

joerover - 5-4-2017 at 07:33 PM

Because I have lived here for a long time and know a bit about the issue and don't like seeing a bunch of false info spouted about a business that has been very good for the town.

IS someone against your little town?

or

Is did a guy in Ensenada using a name to sell stuff up in the usa. Oh, law suit in California Alta about imported goods, selling on someone elses fame.

https://www.youtube.com/watch?v=01XyozcFLXA

monoloco - 5-4-2017 at 07:40 PM

Because I have lived here for a long time and know a bit about the issue and don't like seeing a bunch of false info spouted about a business that has been very good for the town.

A guy in Ensenada? Actually, a woman in Pescadero, who does much for her community owns it.

elgatoloco - 5-5-2017 at 09:46 AM

Because I have lived here for a long time and know a bit about the issue and don't like seeing a bunch of false info spouted about a business that has been very good for the town.

We saw Paul Simon in concert last year up in Bezerkley. Great band. He didn't do that song but he did a lot of others. All the hits. Good times. :dudette:

durrelllrobert - 5-6-2017 at 03:17 PM

e]
Is did a guy in Ensenada using a name to sell stuff up in the usa. Oh, law suit in California Alta about imported goods, selling on someone elses fame.

According to the luv2fish post above the current owners are part of the Hussong family? "The two Ruskie brothers that own Papas and Beer and half of Ensenada and a big part of San Quintin are the owners of The Hotel California. Hussong is the name. "

[Edited on 5-6-2017 by durrelllrobert]

pauldavidmena - 5-6-2017 at 03:52 PM

When I first visited the Hotel California in Todos Santos a few years back, I wanted to dislike it because of its ostentatious presence on the main drag, but I soon began to realize that it has earned its prominent place downtown. I wasn't there during the days when the previous owner played up the supposed Eagles connection, so I can't speak to that. Instead, I enjoyed the laid-back vibe at the bar, the banter with the bilingual staff, and the lush courtyard that also served as a concert space. The Todos Santos Music Festival has cemented that positive impression over the years.

The lawsuit seems to be more about licensing merchandise for sale outside of the hotel and not the hotel itself. I don't know enough about copyright law - particularly when it spans international borders - to comment on it.

[Edited on 5-6-2017 by pauldavidmena]

[Edited on 5-6-2017 by pauldavidmena]

kboy24 - 5-8-2017 at 05:12 AM

I Like the Dude :cool:

Hook - 5-9-2017 at 09:04 AM

I'm with the band. The Hotel is clearly trying to monetize more than a hotel and use the Eagles as a marketing tool. That's wrong.

Besides, "Hotel California" is clearly a state of mind, a lifestyle, not an actual place in the song.

The Eagles are just protecting themselves from others using their fame as a marketing tool. They dont need the money. Even beyond being "only" the fourth best selling band ever, I am fairly sure that nobody has made more money touring than the Eagles. I was in NY two summers ago and the CHEAPEST seats in the house (MSG) were hundreds of dollars. The Eagles are rather infamous for being the most expensive concert seat. By far, really.

JoeJustJoe - 5-9-2017 at 01:38 PM

A number of members here have said the "Eagles" are not after any money, but are just protecting their fame, or trademark, and couldn't care less about any money.

Well, that could be part of their motivation for filling a lawsuit against the hotel, but according to the actual lawsuit, they are after money, and then some! The Eagles band, wants the whole enchilada, and all the revenue the band allegedly claim "The Hotel California" has allegedly made off the Eagles band name.

The Eagles, wants recover all profits that Defendants have obtained from these activities, which include t-shirts, posters, sweatshirts, keychains, and a whole host of other things the Eagles band claims. They also reasonable attorney's fees, injunctive relief, damages, and other relief.

I understand the Eagles band, is like a rabid dog, and often goes after companies, they claim are infringing on their "Eagles" name.

Who knows if the "Eagles" will win the lawsuit, because that Hotel California, was there in 1950, before the "Eagles band was started in 1971. The Eagles attorney's claim, the "Hotel California' had a name change to "Todos Santos Hotel” and seems to be implying that discounts any attempt to say the "Hotel California" was there before the Eagles band.

And yes, the "Eagles" said "Hotel California" is clearly a state of mind, and not a place. Could that weaken the Eagles legal case?

How about the Eagles, using Yelp reviews, to try to prove, the "Hotel California" is trying to deceive the pubic into believing there is a link between the Eagles, and the Hotel California?

del mar - 5-9-2017 at 01:49 PM

Quote: Originally posted by durrelllrobert