Judge to Rucci: stop using Hotel California name by June 10

May 28, 2015 at 12:08a.m.

By ROBERT CONNELLY

AKRON

Sebastian Rucci has been ordered to stop using the name Hotel California in all print, Internet-based and other advertising by June 10.

That order is part of a ruling by U.S. District Court Judge John R. Adams in a lawsuit against Rucci and Hotel California Inc. in Austintown.

Richard A. Butler III and Ocean Avenue Properties LLC had been denied a temporary restraining order against Rucci using the name “Hotel California” in late March. This time, however, Butler introduced new evidence, and Judge Adams granted in part preliminary injunctive relief and a temporary restraining order.

Atty. Sharon A. Luarde of Cleveland represents Butler and said Wednesday that he is “very pleased with the court’s order and the fact that [Judge Adams] recognizes the importance of the trademark and [Butler’s] rights to the trademark nationally.”

Rucci said Wednesday night that “there’s a lot more to go.

“There’s a lot of options. I’m not really sure which way to go now,” he added.

Rucci said he will think of a couple other names for the hotel, if he pursues that angle. He could also appeal the case. “Within the procedures, I have a lot to appeal, and I will probably appeal,” he said.

Rucci had argued that there were multiple hotels operating in California and Nevada under the name made famous by The Eagles’ hit song. Butler argued that those hotels opened before he acquired the trademark registration through the Principal Register of “The Hotel California” for use with “hotel, motel and furnished lodging services” in 2004. Butler also received a service mark for “providing temporary furnished accommodations” with the U.S. Patent and Trademark Office in 1997 for the name “Hotel California.”

Rucci incorporated “Hotel California, Inc.” in July 2012 with the Ohio Secretary of State and did not know of Butler’s Hotel California holdings. Butler sent Rucci two cease-and- desist letters in July 2014 and October 2014. Court documents said Rucci attempted to register for a trademark but was rejected.