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Author: Subject: Eagles sue Hotel California
joerover
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[*] posted on 5-2-2017 at 09:10 PM


The now defunct Hotel California, is near Hearst castle.

On a dark desert highway, cool wind in my hair, warm smell of colitas, rising up through the air

Back when it was $10 for a lid , man They did not have high quality marijuana as they do today. Colitas, refers to the very top of a bud. Some how they thought the very tip of the top bud on the plant ws better, stronger.




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[*] posted on 5-3-2017 at 09:33 AM


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.)
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[*] posted on 5-3-2017 at 09:45 AM


Great story Ken!



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[*] posted on 5-3-2017 at 09:58 AM
The Name Game


Years ago, in Yucca Valley, a new (Taco) restaurant opened in the old Dairy Queen locale.

Corona's lasted for a short time before being sued by the Brewer and becoming Santana's for many years now without a problem.

From that band or others.
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[*] posted on 5-3-2017 at 10:28 AM


I can see how the hotel is taking things too far and a lawsuit wouldn't be out of line but after seeing the documentary on the Eagles awhile back with Don Henley talking more like a CEO than a musician its even less surprising that this would be happening--I mean they kicked out Randy Meisner because he couldn't sing the high note on one song anymore ('Take it to the Limit').
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[*] posted on 5-3-2017 at 11:10 AM
turn about is fair


Just wondering how many US hotels use the names of favorite Mexican songs like La Bamba, Besame Mucho, Ceilto Linda or La Cucaracha (just kiding in that one) or if the Mexican Bands have ever threatoned to sue them? There is a La Bamba hotel in Lodi and (susposedly) a La cucaracha hotel in El Cajon.



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[*] posted on 5-3-2017 at 11:12 AM


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.







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[*] posted on 5-3-2017 at 11:20 AM


The Hotel California was there before the Eagle's song was written.
The hotel should tell the Eagles to change the song lyrics (lol)!




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[*] posted on 5-3-2017 at 11:32 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?
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[*] posted on 5-3-2017 at 11:41 AM


the hotel's claim to fame was being the first place in Todos Santos to offer cold beer by bring ice from LaPaz. Now they're caught trying to make a fast buck off the Eagles fame.
Im totally with the band on this one......ymmv
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[*] posted on 5-3-2017 at 11:54 AM


Quote: Originally posted by norte  
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.





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[*] posted on 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]
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[*] posted on 5-3-2017 at 01:09 PM


Quote: Originally posted by Lee  
Quote: Originally posted by norte  
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.



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.
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[*] posted on 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!)




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[*] posted on 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




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[*] posted on 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!
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[*] posted on 5-3-2017 at 07:57 PM


Quote: Originally posted by SFandH  
Looks like the owners, doing business as "Hotel California Baja LLC", have plans to use the name "Hotel California" on more than their hotel and make it a brand name for:

Fragrances, perfumes, eau de toilette, essential oils for personal use, perfume oils; toiletries and cosmetics, eyewear, eyeglasses, sunglasses; frames, lenses and protective cases for eyewear, eyeglasses, and sunglasses; eyewear accessories…

https://trademarks.justia.com/owners/hotel-california-baja-l...
[Edited on 5-2-2017 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.




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[*] posted on 5-3-2017 at 08:06 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


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.





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[*] posted on 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?




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[*] posted on 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?



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