WEBVTT - Michael Harrington on The Eagles Trademark Suit (Audio)

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<v Speaker 1>It's considered one of the eagles most famous songs, Welcome

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<v Speaker 1>to California. But the Eagles were not singing about a

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<v Speaker 1>specific hotel, and certainly not about the Hotel California in

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<v Speaker 1>Toto Santos, Mexico. In fact, the hotel on the cover

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<v Speaker 1>of the album is the Beverly Hills Hotel. So the

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<v Speaker 1>Eagles are suing the Mexican hotel for trademark infringement, claiming

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<v Speaker 1>it's using the name to falsely lead consumers to believe

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<v Speaker 1>there's an association with the band, including selling merchandise with

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<v Speaker 1>the band's name. Our guest is Dr Michael Harrington, a

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<v Speaker 1>musicologist and Music Business Department chair at the s a. E. Institute.

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<v Speaker 1>Michael described the Eagles trademark infringement case. It's, I think

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<v Speaker 1>pretty good because the song is so well known. Um,

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<v Speaker 1>it's it's that's been around a long time. And even

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<v Speaker 1>though the hotel in Baja Mexico is called Hotel California,

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<v Speaker 1>n it long ago lost that name, a changed ownership

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<v Speaker 1>and so forth. Um. But then if you even go

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<v Speaker 1>to the Hotel California website, you see it says it's

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<v Speaker 1>access by driving down along Desert Highway and they talk

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<v Speaker 1>mission bells a heard um. And also I think the

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<v Speaker 1>Eagles I can see why they're concerned. Also because Hotel

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<v Speaker 1>California in the Baja place has been applying for a

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<v Speaker 1>lot of trademarks for a lot of goods and services,

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<v Speaker 1>So I think that's probably what led to lead to this. Well, Michael,

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<v Speaker 1>what if any kind of defense does the hotel have here? Um? Well,

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<v Speaker 1>it'd be interesting to see if the Eagles have a

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<v Speaker 1>trademark in Hotel California. I know that the words because

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<v Speaker 1>I know right now they've applied for one this year

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<v Speaker 1>and it covers oh, guitar picks, key chains, t shirts,

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<v Speaker 1>bunch and things like that. Um. And also the fact

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<v Speaker 1>that it was called at once for years it was

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<v Speaker 1>founded that way. Um. And from what I've seen, I

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<v Speaker 1>don't know that they're saying Eagles on the clothing. It

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<v Speaker 1>says Hotel California on all their all the merchandise, so

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<v Speaker 1>I'm not sure. Um, how you know how how much

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<v Speaker 1>it says Eagles, except they play Eagles music there and

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<v Speaker 1>they feature things like even Vanity Fair reviewed the hotel

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<v Speaker 1>and they called it the phrase easy living at the

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<v Speaker 1>Hotel California. You know, everyone keeps trying to play on

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<v Speaker 1>the Eagles song. So that's what I think is going

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<v Speaker 1>against the hotel in Mexico. The the hotel owners on

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<v Speaker 1>their website say although the present owners at the hotel

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<v Speaker 1>do not have any affiliation with the Eagles, nor do

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<v Speaker 1>they promote any association, many visitors are mesmerized by the

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<v Speaker 1>coincidences between the lyrics of the hit song and the

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<v Speaker 1>physicality of the hotel and its surroundings. Does that disclaimer

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<v Speaker 1>count for anything. I don't know that it would because

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<v Speaker 1>it is buried in there. Um. There's a lot of

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<v Speaker 1>stuff on the website and to get I've been looking

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<v Speaker 1>at it today. It's a fascinating how it was founded

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<v Speaker 1>by a Mr. Wong, a Chinese immigrant who who end

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<v Speaker 1>up changing his name to Don Antonio Tabasco just so

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<v Speaker 1>the locals would think he was one of them. Um.

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<v Speaker 1>But yeah, no, I think the fact that some of

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<v Speaker 1>that stuff gets buried, I don't know, um in the

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<v Speaker 1>vanity fair quote and some other things kind of emphasizing

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<v Speaker 1>and reaffirming the lyrics of the Eagle song, I think

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<v Speaker 1>is more problematic for the hotel. Well, you know, the

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<v Speaker 1>Eagles themselves have said it's not really about, you know,

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<v Speaker 1>a particular hotel. I think Don Henley was once quoted

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<v Speaker 1>as saying that it's really about um America, it's not

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<v Speaker 1>about a hotel. And Glenn Fry, I think was quote

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<v Speaker 1>a saying we have no idea what the songs about.

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<v Speaker 1>It was just a whole bunch of stuffs, um, which

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<v Speaker 1>who knows which is true. But if that's the case, um,

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<v Speaker 1>you know, is there any possibility the hotel can say, hey, look,

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<v Speaker 1>the song is not even really about a hotel where

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<v Speaker 1>you know, we are a hotel, so who's going to

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<v Speaker 1>get confused? Right? I think they could say that, and

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<v Speaker 1>that's I did see an interview one time with Henley

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<v Speaker 1>where he said, yes about the dock underbelly of America

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<v Speaker 1>and things like that, which I hadn't realized that. And

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<v Speaker 1>I more believe it is a bunch of images and

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<v Speaker 1>things thrown together, uh that are more psychedelic or not

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<v Speaker 1>literal um. And I think that they, you know, those

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<v Speaker 1>kind of remarks where some of the eagles are even

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<v Speaker 1>saying we don't know what the things about, and the

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<v Speaker 1>fact that this hotel had existed before, um, I know,

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<v Speaker 1>I can see both sides of this. I still think

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<v Speaker 1>the Eagles might have the better better case because of

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<v Speaker 1>the identity with the public and the sense, you know,

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<v Speaker 1>the confusion of the origin of goods and services problem,

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<v Speaker 1>which is what trademark is supposed to help. So I

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<v Speaker 1>think that that goes against the hotel. Michael. What is

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<v Speaker 1>confusing to me is that since the late seventies the

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<v Speaker 1>Eagles have sold merchandise bearing them. The Eagles and the

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<v Speaker 1>Hotel California mark everything from guitar picks to bathrobes to posters.

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<v Speaker 1>Why is there only now an application to register the

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<v Speaker 1>trademark for merchandise. I would think it's I know that

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<v Speaker 1>that's a really interesting I've seen that as well. Um.

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<v Speaker 1>I think it's because this big trademark application by the

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<v Speaker 1>hotel in Mexico, it was filed in November and published

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<v Speaker 1>for opposition in September. Last September, I think it's that's

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<v Speaker 1>probably what maybe alert them that, Okay, we're not going

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<v Speaker 1>to do enough. We need to, you know, take care

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<v Speaker 1>of this. So it would seem to me that maybe

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<v Speaker 1>the Eagles have been um a bit lax and protecting

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<v Speaker 1>their mark. I'm not sure. Well, they've generally been pretty

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<v Speaker 1>strong about going after people who infringe on their on

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<v Speaker 1>what they think there are there arks, including the American

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<v Speaker 1>Eagle Foundations. In the American Eagle Foundations they backed off

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<v Speaker 1>of because you know, American eagles. I think we're around

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<v Speaker 1>before the eagles probably. But but Michael, is it is

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<v Speaker 1>it possible that there's some kind of compromise that could

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<v Speaker 1>happen here that would allow the hotel to have some

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<v Speaker 1>marketing that plays on the notoriety of the name Hotel

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<v Speaker 1>California without having to go through litigation with the Eagles.

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<v Speaker 1>I would think, so, I mean, why not work some

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<v Speaker 1>something out. It seems an easy thing to do. The

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<v Speaker 1>hotel looks looks really good for I just checked prices.

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<v Speaker 1>It's a whole lot of things under a hundred fifty

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<v Speaker 1>dollars and beautiful location. Um. It has been there since

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<v Speaker 1>uh construction began I think in forty seven and in

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<v Speaker 1>fifty so UM, I don't know why you wouldn't. I

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<v Speaker 1>kind of like the approach that the Grateful Dead would

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<v Speaker 1>take with when they would find people creating their own

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<v Speaker 1>trademarks and logos and so forth of the dead. If

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<v Speaker 1>it was something someone small time, they would just often

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<v Speaker 1>would just pottner up and find ways that you can

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<v Speaker 1>make that work. I think that's easier than um, than

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<v Speaker 1>than this. But I always think it's easier than going

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<v Speaker 1>to court. UM. I think court is always risky. It

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<v Speaker 1>costs too much, it takes too long, it buys so

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<v Speaker 1>much bad will. UM. I think the Eagles might to

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<v Speaker 1>some people might really look like, well aren't they rich enough?

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<v Speaker 1>And and what do they have and how much? How

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<v Speaker 1>many the Eagle's greatest hits is the always the number

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<v Speaker 1>one or two albums selling on the planet. Um. I

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<v Speaker 1>think it would be easier to work something out. I

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<v Speaker 1>can't see go ahead. Well, what's ironic is that the

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<v Speaker 1>Eagles didn't get permission to use the Beverly Hills Hotel

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<v Speaker 1>for the cover of their album. But if that is

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<v Speaker 1>one of the uh, the cover art from that album

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<v Speaker 1>is one of the things being sold ten seconds, would

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<v Speaker 1>that be a harder sell for a trademark infringement. It

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<v Speaker 1>could be because that that is something that everyone associates.

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<v Speaker 1>They think the Beverly Hills Hotel is the Hotel California.

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<v Speaker 1>All Right, I want to thank you so much. Dr

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<v Speaker 1>Michael Harrington of Music Business Department Chair at the s

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<v Speaker 1>A Institute. That's it for this edition of Bloomberg Law

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<v Speaker 1>will be back Monday at one pm Wall Street Time.

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<v Speaker 1>Bloomberg Markets with Carol Masthew Cory Johnson is coming up.

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<v Speaker 1>Piss is Bloomberg