Judge denies restraining order against Rucci, Hotel California

Staff report

YOUNGSTOWN

Sebastian Rucci can continue — for now — to retain the “Hotel California” name for his hotel in Austintown.

U.S. District Court Judge John R. Adams on Monday denied a motion for a temporary restraining order and preliminary injunction filed by Richard A. Butler III and Ocean Avenue Properties LLC.

Butler and Ocean Avenue say they have the right to “The Hotel California” trademark. Butler operates The Hotel California — a name popularized in song during the 1970s by The Eagles band — in Santa Monica, Calif.

Rucci said Monday night he was pleased with the judge’s decision and that it was a wise one. “We will put in a disclaimer” saying his hotel is not tied to the operation in California.

Butler’s lawsuit alleges trademark infringement. It adds, “The opening and patronization of the ‘knock-off’ hotel in Austintown will only cause irreparable harm to the trademark holders’ rights.”

But in his 13-page ruling, the judge said Butler had not established the extent of his use of the name “Hotel California” as opposed to “The Hotel California.”

He added that Rucci had pointed out in his motion to deny the restraining order there are a number of hotels operating under the name “Hotel California” in California without any apparent affiliation with Butler.

“The fact that the properties are both hotels is not sufficient to support the conclusion that a customer seeking accommodation in coastal California would be swayed or mistakenly register near Youngstown, Ohio ...,” the judge wrote.

Further, the judge wrote, the two properties appear to offer services to differing clientele in distant and distinct geographic locations.

In fact, Judge Adams writes, “plaintiff concedes that there is no evidence of actual confusion at this stage” concerning Rucci’s Hotel California and Butler’s The Hotel California.

The judge did grant Butler’s request to file a motion to supplement his request for a temporary restraining order.

Rucci was ordered to include a disclaimer clarifying his hotel’s status as separate from Butler’s hotel in all print, Internet-based and other advertising.

Rucci said he chose the name for his hotel “because it is cool, it’s about California and it’s a popular song.”