The owners of a Mexican hotel have argued that a trademark infringement lawsuit brought by US rock band Eagles should be dismissed.
Early last month, we reported that the rock band had sued Hotel California, a hotel based in Todos Santos, Mexico, over the use of the mark ‘Hotel California’.
“Hotel California”, the band’s most popular song, was released in 1976.
Eagles alleged that the hotel has also sold merchandise bearing the ‘Hotel California’ mark to consumers in the US and to US tourists who visit he hotel through its gift shop.
The band has a pending application, serial number 87/306,414, to register ‘Hotel California’ with the US Patent and Trademark Office for key chains, guitar picks, posters, t-shirts, sweatshirts, bathrobes, and playing cards.
Yesterday, the owners of the hotel filed their response at the US District Court for the Central District of California.
The owners asserted 13 defences, which included the claim being barred because of the doctrines of estoppel, unclean hands and laches.
“The claims made in the complaint are barred, in whole or in part, because plaintiff acquiesced in Hotel California’s use of the asserted trademark,” said the response.
It added that the use of the trademark is not likely to cause dilution or impair the distinctiveness of the mark.
The owners of the hotel have asked for the suit to be dismissed and for the hotel to be awarded costs and expenses.
District Judge Gary Klausner has scheduled a conference in the case for August 21.
Editor: Camila (email@example.com)