Michael Harrington on The Eagles Trademark Suit (Audio)

the band's name. Our guest is Dr Michael Harrington, a musicologist and Music Business Department chair at the s a. E. Institute. Michael described the Eagles trademark infringement case. It's, I think pretty good because the song is so well known. Um, it's it's that's been around a long time. And even though the hotel in Baja Mexico is called Hotel California, n it long ago lost that name, a changed ownership

and so forth. Um. But then if you even go to the Hotel California website, you see it says it's access by driving down along Desert Highway and they talk mission bells a heard um. And also I think the Eagles I can see why they're concerned. Also because Hotel California in the Baja place has been applying for a lot of trademarks for a lot of goods and services, So I think that's probably what led to lead to this. Well, Michael,

what if any kind of defense does the hotel have here? Um? Well, it'd be interesting to see if the Eagles have a trademark in Hotel California. I know that the words because I know right now they've applied for one this year and it covers oh, guitar picks, key chains, t shirts, bunch and things like that. Um. And also the fact that it was called at once for years it was founded that way. Um. And from what I've seen, I

don't know that they're saying Eagles on the clothing. It says Hotel California on all their all the merchandise, so I'm not sure. Um, how you know how how much it says Eagles, except they play Eagles music there and they feature things like even Vanity Fair reviewed the hotel and they called it the phrase easy living at the Hotel California. You know, everyone keeps trying to play on the Eagles song. So that's what I think is going

against the hotel in Mexico. The the hotel owners on their website say although the present owners at the hotel do not have any affiliation with the Eagles, nor do they promote any association, many visitors are mesmerized by the coincidences between the lyrics of the hit song and the physicality of the hotel and its surroundings. Does that disclaimer count for anything. I don't know that it would because

it is buried in there. Um. There's a lot of stuff on the website and to get I've been looking at it today. It's a fascinating how it was founded by a Mr. Wong, a Chinese immigrant who who end up changing his name to Don Antonio Tabasco just so the locals would think he was one of them. Um. But yeah, no, I think the fact that some of that stuff gets buried, I don't know, um in the vanity fair quote and some other things kind of emphasizing and reaffirming the lyrics of the Eagle song, I think

is more problematic for the hotel. Well, you know, the Eagles themselves have said it's not really about, you know, a particular hotel. I think Don Henley was once quoted as saying that it's really about um America, it's not about a hotel. And Glenn Fry, I think was quote a saying we have no idea what the songs about. It was just a whole bunch of stuffs, um, which

who knows which is true. But if that's the case, um, you know, is there any possibility the hotel can say, hey, look, the song is not even really about a hotel where you know, we are a hotel, so who's going to get confused? Right? I think they could say that, and that's I did see an interview one time with Henley where he said, yes about the dock underbelly of America

and things like that, which I hadn't realized that. And I more believe it is a bunch of images and things thrown together, uh that are more psychedelic or not literal um. And I think that they, you know, those kind of remarks where some of the eagles are even saying we don't know what the things about, and the fact that this hotel had existed before, um, I know,

I can see both sides of this. I still think the Eagles might have the better better case because of the identity with the public and the sense, you know, the confusion of the origin of goods and services problem, which is what trademark is supposed to help. So I think that that goes against the hotel. Michael. What is confusing to me is that since the late seventies the

Eagles have sold merchandise bearing them. The Eagles and the Hotel California mark everything from guitar picks to bathrobes to posters. Why is there only now an application to register the trademark for merchandise. I would think it's I know that that's a really interesting I've seen that as well. Um. I think it's because this big trademark application by the hotel in Mexico, it was filed in November and published

for opposition in September. Last September, I think it's that's probably what maybe alert them that, Okay, we're not going to do enough. We need to, you know, take care of this. So it would seem to me that maybe the Eagles have been um a bit lax and protecting their mark. I'm not sure. Well, they've generally been pretty strong about going after people who infringe on their on what they think there are there arks, including the American

Eagle Foundations. In the American Eagle Foundations they backed off of because you know, American eagles. I think we're around before the eagles probably. But but Michael, is it is it possible that there's some kind of compromise that could happen here that would allow the hotel to have some marketing that plays on the notoriety of the name Hotel California without having to go through litigation with the Eagles. I would think, so, I mean, why not work some

something out. It seems an easy thing to do. The hotel looks looks really good for I just checked prices. It's a whole lot of things under a hundred fifty dollars and beautiful location. Um. It has been there since uh construction began I think in forty seven and in fifty so UM, I don't know why you wouldn't. I kind of like the approach that the Grateful Dead would take with when they would find people creating their own

trademarks and logos and so forth of the dead. If it was something someone small time, they would just often would just pottner up and find ways that you can make that work. I think that's easier than um, than than this. But I always think it's easier than going to court. UM. I think court is always risky. It costs too much, it takes too long, it buys so much bad will. UM. I think the Eagles might to some people might really look like, well aren't they rich enough?

And and what do they have and how much? How many the Eagle's greatest hits is the always the number one or two albums selling on the planet. Um. I think it would be easier to work something out. I can't see go ahead. Well, what's ironic is that the Eagles didn't get permission to use the Beverly Hills Hotel for the cover of their album. But if that is one of the uh, the cover art from that album is one of the things being sold ten seconds, would

that be a harder sell for a trademark infringement. It could be because that that is something that everyone associates. They think the Beverly Hills Hotel is the Hotel California. All Right, I want to thank you so much. Dr Michael Harrington of Music Business Department Chair at the s A Institute. That's it for this edition of Bloomberg Law will be back Monday at one pm Wall Street Time. Bloomberg Markets with Carol Masthew Cory Johnson is coming up. Piss is Bloomberg