Chateau Marmont, Hotel For Celebrity Humans, Sends Trademark C&D To Cateau Marmont, Hotel For Cats

Trademark

from the catfight! dept

Wed, Aug 23rd 2017 7:11pm — Timothy Geigner

While spending a great deal of time writing about dumb trademark disputes can be both monumentally frustrating and fill your mind with despair, I will be the first to admit that it also is a great avenue for entertainment and laughter. This story is about a situation firmly in the latter categories. The Chateau Marmont is a famous hotel in Los Angeles with a reputation for catering to celebrities both in its lodgings and at the restaurant. Roman Polanski took up residence there, while Hunter S. Thompson, F. Scott Fitzgerald, and Tim Burton all produced some of their works from within its walls. John Belushi overdosed while residing there in 1982. It's kind of a thing for human celebrities, in other words.

Whereas the Cateau Marmont is a hotel for cats. Just cats. Humans, celebrity or otherwise, need not apply. And, yet, the Chateau Marmont has fired off a cease and desist letter to the Cateau Marmont over trademark concerns centered on the fear of confusion among the public.

According to a July 18 letter obtained by The Hollywood Reporter, the celebrity hot spot is threatening a lawsuit against the adorably named pet spa if the Cateau doesn't change the name of its business. Lawyers for the Andre Balazs-owned hotel warned Cateau, located in Toluca Lake neighborhood of L.A., that it could pursue claims related to trademark infringement, trademark dilution and unfair competition.

Group 99, which controls Chateau's intellectual property, insists in the cease & desist letter that their hotel has spent almost a century building the iconic brand and doesn't want customers to mistakenly think the Hollywood hangout is venturing into kitty care and rescue.

C'mon, meow. Concerns about public confusion are a stretch at best. Members of the public aren't going to see this pet boarder's name and assume the human hotel has gotten into the boarding business. Rather, they will assume that the owners of the boarder have playfully pun-ified its name while operating in a distinct marketplace. If the people behind the Cateau Marmont are guilty of anything at all, it's of delving into puns, the laziest form of comedy (which I love dearly).

The fear of confusion on display by the human hotel is also belied by another punny player in the neighborhood.

Interestingly enough, as THR points out, the Chateau Marmont doesn’t seemed too concerned about a Beverly Grove dog spa similarly named Chateau Marmutt — a business established close to two decades ago.

If anything, this should be a fight between Chateau Marmutt and Cateau Marmont, with no involvement for the human counterpart. Meanwhile, the Chateau has spotlighted its own lack of humor, which I will happily point out is a distinct trait for the humans to whom it purports to cater.

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Filed Under: cateau marmont, chateau marmont, parody, trademark
Companies: chateau marmont, group 99

45 Comments

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Anonymous Coward, 23 Aug 2017 @ 7:19pm

Suggested Name Change
How about "Cateau My Moggie"? Then point out the pun on the cattery's website. Enjoy!
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That Anonymous Coward (profile), 23 Aug 2017 @ 7:27pm

What a bunch of pussys....
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Nick-B, 23 Aug 2017 @ 7:56pm

"C'mon, meow."

*Holds up one finger*
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Roger Strong (profile), 23 Aug 2017 @ 8:22pm

I almost expect Chateau Marmont to argue that they've already licenced the "Chateau Marmont, but with animals" concept to Pixar.

"They're having trouble creating more child-friendly versions of Hunter S. Thompson and John Belushi. And a less child-friendly version of Roman Polanski."
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Anonymous Coward, 23 Aug 2017 @ 8:26pm

Really though, celebrities, cats, they're basically the same thing.

They can't be trained or bargained with. They do whatever they want, whenever they want, to whoever they want, and are definitely the master of any regular humans nearby.
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That Anonymous Coward (profile), 23 Aug 2017 @ 9:58pm

Re:
And people put their pictures online and people spend hours looking at them.
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David, 24 Aug 2017 @ 12:18am

Well, they obviously _do_ profit from Chateau Marmont's celebrity
But, well, that's not what trademark is supposed to be about.

Copyright and trademark and patents are very specific and controllable and limited mechanisms for giving a creator means to profit off his creation in exchange for making it generally available to the public.

The term "Intellectual Property" tends to be associated with the "every profit originating here has to have some part siphoned off" idea readily flouted by everybody in the media creation business.

So the lawyers get into the "one shoe has to fit, so which one is it?" thinking leading to claiming confusion between a cat hotel and a real hotel. Because that's the best they can come up with, and the idea that there actually is nothing to come up with is alien to them. Because, you know, "Intellectual Property".

The grass grew on my lawn, so you are prohibited from painting with this shade of green.

The whole "in exchange for" bit is over their heads. And obvious punning on a meme clearly is one of those things the public gets in exchange for securing trademark for actual cases of confusion.
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lavitasarim, 24 Aug 2017 @ 2:24am

Thanks
Many thanks for the information you provided

http://www.lavitasarim.com
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Another Anonymous Coward, 24 Aug 2017 @ 5:22am

And the response?
I sure hope the Cateau sends the Chateau a very catty response.
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Machin Shin, 24 Aug 2017 @ 5:30am

"doesn't want customers to mistakenly think the Hollywood hangout is venturing into kitty care and rescue."

Well, they have accomplished that. They now look like some crazy cat hating jerks.
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Michael, 24 Aug 2017 @ 5:45am

More importantly
Who sends their cat to a hotel while they are away? Don't people gets cats as pets because they can pretty much handle themselves for several days while you are away?
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Anonymous Coward, 24 Aug 2017 @ 6:00am

Is there a moral lesson to this story?
Just wondering. What can we infer from this story, what's the takeaway? That the trademark holder is evil, or stupid, or should not be allowed to do what they is doing? Can you pinpoint the moral lesson, it escapes me. Trademarks are bad? Enforcing them is bad? This decision to enforce this trademark is bad? The company is bad?

I just don't get it. Maybe you could enlighten me. How do I read between the lines and figure out what you are trying to say? Is this just blind criticism, or is there a finer point you are trying to make? Can you give an example of when enforcing a trademark is good, and provide some juxtaposition with this case? Or is enforcing a trademark always bad?
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Roger Strong (profile), 24 Aug 2017 @ 6:08am

Re: Is there a moral lesson to this story?
The very first sentence sums it up.
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Anonymous Coward, 24 Aug 2017 @ 6:11am

Re: Re: Is there a moral lesson to this story?
The first sentence sounds like a diary entry made by a Techdirt writer. Like a "note to self", "remember to laugh". It's an entertainment piece, then, right? No moral lesson, it's just lighthearted comedy, with no intention to infer anything negative about anybody, right? Just a laugh.
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Machin Shin, 24 Aug 2017 @ 6:20am

Re: More importantly
If you look at the site for this cat hotel you quickly understand the kind of person they are catering to. It starts around $50 a night and includes the ability to make skype calls with your cat. So, rich people who really love their cats.
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tom (profile), 24 Aug 2017 @ 6:20am

So the Chataeu is worried potential guests might get confused by the cat chow and litter boxes provided to guests at the Cataeu and think the two are similar? Seems more like a quality control problem to me.
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Oblate (profile), 24 Aug 2017 @ 6:33am

Re: More importantly
There is a market for this. A day or two is ok, but when we go away for more than a few days we have to board our cats. Nothing fancy like the Cateau, though, don't want them to get spoiled.
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Roger Strong (profile), 24 Aug 2017 @ 6:48am

Re: Re: Re: Is there a moral lesson to this story?
On this planet it's common for newspapers, news shows and news sites to have the occasional humorous story.
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Anonymous Coward, 24 Aug 2017 @ 6:55am

Re: Re: Re: Re: Is there a moral lesson to this story?
"Meanwhile, the Chateau has spotlighted its own lack of humor, which I will happily point out is a distinct trait for the humans to whom it purports to cater."

But this is the close of the story, the moral summary, right? Isn't the author saying that the Chateau is not funny, and basically "in the wrong"?

It's a humor piece with a specific criticism about a specific company, right? You are saying they (the real Chateau) are not funny, and perhaps are unjustly pressing a trademark dispute when actually, they should not.

Right?
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Roger Strong (profile), 24 Aug 2017 @ 7:20am

Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Laws that govern IP protections - and freedom of speech - generally grant exceptions for humor and parody.

Even when someone crosses the line, one can be technically "in the right", and still be wrong in how they handle the situation.

Techdirt gives credit where credit is due. It features the occasional story where a company handles this sort of situation with the grace and humor it deserves.
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ryuugami, 24 Aug 2017 @ 7:26am

Re: Re: Re: Re: Re: Is there a moral lesson to this story?
I guess I should welcome you to Techdirt, since this seems to be the first article you've read on this site, or indeed on the subject of trademarks in general.

If it's not, I don't really understand your confusion. It's a subject that Techdirt often writes about, yet another example of overzealous trademark protectionism.

Usually (though not exclusively) done by a large corporate entity against a much weaker opponent, in a complete disregard of the purpose of trademarks and the trademark law itself. Often times the sued party will fold simply because the cost of fighting a lawsuit would be disastrous, so it doesn't really matter that they are most likely not breaking any laws.

If you click on a "Trademark" category link to the left of the title, you will find hundreds of similar stories.

It's just that this one example includes cat puns and a cat hotel, so it's funny. That's where the entire "entertainment and laughter" part comes in...
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Anonymous Coward, 24 Aug 2017 @ 7:32am

Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
I see, the humor is some protection for you regarding expressing your opinion, right? In your opinion, the real Chateau should not be doing what it is doing, that is, enforcing it's trademark against the cat place. And to protect your ability to voice your opinion, humor gives you some defense should the Chateau wish to respond to your opinion in some negative way. I think I get it. Humor as a defense, so you can voice your opinion. Ok, thanks. That probably would have been more obvious to me if I were in your position.

Another way to summarize this article would be to say "The Chateau is enforcing their trademark, when, in my opinion, they should not be enforcing their trademark. And, IMHO, they are not funny". The whole humor thing is just window dressing to protect your right to free speech, right? It's a little subtle to the uninformed reader, it sounds like a really, really indirect attack, when what you want to say directly is much simpler and easier to comprehend.
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Anonymous Coward, 24 Aug 2017 @ 7:37am

Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Actually, I own a few trademarks, have had trademarks enforced against me, and generally do have some familiarity with the law and the intent of the law, the benefits of the law, and the drawbacks of the law. I am less familiar with Techdirt, even though I have read them a lot, I never have quite understood what exactly they are trying to say. A lot of it seems to be obvious to the regulars here, but not so obvious to me. I think you guys could draw and retain a larger crowd if you were less subtle about your criticisms, and just voiced them, rather than disguising them with humor. Your voice (the Techdirt voice) is not clear at all, at least to me. When do you think trademarks are a good thing, and when bad? Do you know? Are they always bad? Can you explain your reasoning? I think if the real Chateau were invited to explain their position, they probably could, if you let them. Just my opinion. Probably some bean counter somewhere who thinks it's worthwhile.
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Anonymous Coward, 24 Aug 2017 @ 8:20am

Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Actually, I own a few trademarks

And yet you've never shown or proven them, Hamilton. It's almost as if they don't exist.
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Anonymous Coward, 24 Aug 2017 @ 8:22am

Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
You know, I take other posters on this site at their word. I don't challenge every trivial claim. I think you are singling me out and discriminating against me because of your personal issues.
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Roger Strong (profile), 24 Aug 2017 @ 8:42am

Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Since straw-man arguments are apparently all that get you through the day, I'll just let you continue by yourself.
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Anonymous Coward, 24 Aug 2017 @ 8:48am

Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Honestly, I was not trying to create a new argument and compare it to another. I really was trying to understand the use of humor and the use of indirect criticism rather than direct criticism. I think your opinions about the real Chateau could be voiced directly with more effect, the humor kind of makes the author look weak-kneed and unsure of himself. If he thinks they are wrong, maybe it would be better to just say it, the humor gives the whole message a slippery feeling that tends to discredit it, in my opinion. Direct is usually better. IMHO
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Anonymous Coward, 24 Aug 2017 @ 9:09am

Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
>>> I never have quite understood what exactly they are trying to say.

Me, neither! Been reading and commenting, asking for CLEAR positions for 8 years, but no answer. They have mantras instead: "better business model" means content producers must accommodate unlimited piracy, and "free speech" means links to infringed content, besides whatever else wanted.

>>> A lot of it seems to be obvious to the regulars here, but not so obvious to me.

Yeah, me too. The fanboys all seem to KNOW every detail, though it's never stated explicitly. The fanboys handle all complaints and defend the site with seeming authority, as this topic shows (so I suspect some are sheer astro-turf). There's no bullet-point list for anything: I've asked. The fanboys will state Techdirt/Masnick's positions, but I've never seen them direct from the alleged source. My conclusion is that Techdirt's true positions will forever be hidden. You cannot get The Masnick to state clear position on copyright, or what changes it might wish: just endless kibbitzing on the alleged horrors of trademark, patents, copyright, in the sixth-decimal place compared to the daily good. But Techdirt defends every "pirate" site from Napster to Megaupload, and every corporation that relies on someone else making content that can be scraped, Aereo to Google.

>>> I think you guys could draw and retain a larger crowd if you were less subtle about your criticisms, and just voiced them, rather than disguising them with humor.

Well, there I disagree with you. (First, set aside Geigner's incompetent attempts at "humor".) If actually stated a position, The Masnick would lose all appearance of objectivity and be seen as klepto-economist. He's never for producers, only for those who simply take intellectual property and monetize it, like The Pirate Bay: all profit with no costs. He claims to be an Ivy League economist, you know, and perhaps is just a hopeless academic. On other hand, he always sides with some mega-corporations. -- Well, I'll just stick to trademark, but Techdirt favors certain corporations and never criticizes their actual monopolies. Take the Copia link to see his sponsors. -- Anyone else even hinting at corporate sponsorship is viewed by fanboys as a shill, but Masnick puts the graphic and never a peep about it.

Techdirt is the WEIRDEST site on teh internets. Enjoy it for hoots, but for your own sanity, don't think to find anyone reasonable here. At best, you'll be worn out responding to fanboys, but it's solely to wear you out.

I like your questions technique, but assumes anyone wants to or can argue anything other than by assertions. It all goes to premises: yours are for production, but Techdirt simply ignores the law on intellectual property from Constitution down: the fanboys simply want endless FREE content to fill their empty heads. That's the only way I've ever understand them, and you are right that they're FOREIGN in that sense. They don't want to make products, only to smoke pot and watch video or play games.

And you will NOT flush out The Masnick or minions for substance, that's been tried every way possible. -- Beware The Masnick, though! It's expert at quote-and-contradict dodging, giving the appearance of answering.
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Anonymous Coward, 24 Aug 2017 @ 9:31am

Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
You must be the life of the party at the obnoxious pedant weekly meeting.
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Anonymous Coward, 24 Aug 2017 @ 9:32am

Actually, if "Cateau" had gone to "Chateau" first, might have better than avoided.
I can't see any management upset if arranged up front. It's cute, and clearly in line with clientele. Cateau might even have put advertising in the Chateau for free, and/or with payment for referrals. -- But in all, making CLEAR that aren't associated other than the pun.

But apparently just blundered in, USING the established name for its value. Bad practice. I tell you kids over and again that when others are involved, you don't have absolute rights, and when using the values that others make, it's risky at best.

---
3rd attempt because browser session was blocked after one comment.

That's simply hidden censoring.

Yet, I usually get my comments in, and Techdirt goes on unharmed, perhaps even helped by the fanboys having a target for ad hom.
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Anonymous Coward, 24 Aug 2017 @ 9:34am

Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
You and Hamilton should just fuck and get it over with. The sexual tension between you two is is just fraught with pent up animal lust.
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J. ADRIDGE, 24 Aug 2017 @ 10:11am

Better name
CATEAU MEOMONT seems a better name.
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Anonymous Coward, 24 Aug 2017 @ 10:36am

Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?

>> You and Hamilton should just fuck and get it over with. The sexual tension between you two is is just fraught with pent up animal lust.

Sheesh. And you kids want to be taken seriously.

That comment is sheer negative for free speech and the site.

Yet it won't be censored, I mean "hidden".

And you claim that we're the trolls.

See "Hamilton"? This is all you'll ever get here.

You're currently getting tolerance, but soon your home IP address will be banned too. Then use TOR.
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Anonymous Coward, 24 Aug 2017 @ 11:04am

Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
This foreplay is getting spicy! Can I watch you share an exit node?
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Anonymous Coward, 24 Aug 2017 @ 11:19am

There is evidence from some Hollywood stars Twitter accounts to illustrate they may very well have the intellect necessary for such customer confusion.
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JEDIDIAH, 24 Aug 2017 @ 3:23pm

Re: Is there a moral lesson to this story?
> If it's not, I don't really understand your confusion. It's a subject that Techdirt often writes about, yet another example of overzealous trademark protectionism.

Not sure I agree here.

Hotel for people vs Hotel for cats seems to be splitting a finer hair here than the usual examples of trademark abuse.

The fact that they are describing themselves as a hotel rather than a kennel, blurs the line even more.
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Anonymous Coward, 24 Aug 2017 @ 5:34pm

Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Well, I would agree that it is very unusual that benign real estate ads are hidden, but "should just f*ck" comments are not. Why not hide that comment, why does your editorial process allow comments like this to continue to be displayed? Is Techdirt "standing behind" that comment subject matter by not censoring it? Are you encouraging this kind of communication, are you inviting others to join in a similar vein? I think you should remove such rude and nasty comments.
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Anonymous Coward, 24 Aug 2017 @ 5:59pm

Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
Once more, with feeling. https://xkcd.com/1357/
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Anonymous Coward, 25 Aug 2017 @ 2:52am

Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
If you wish to use your trademarks, thousands of subordinates, inventions etc. as to reasons to justify why you think Techdirt should be taken down, it helps to prove that they exist such that your claim might be substantiated.

Unless your trademarks and other supposed accomplishments are trivial claims, in which case they will be treated in the same way rational people generally treat trivial claims: ignored.
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Anonymous Coward, 25 Aug 2017 @ 2:54am

Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Is there a moral lesson to this story?
out_of_the_blue will have to wait in line; My_Name_Here has his posterior surgically grafted to Hamilton's trademarked phallus.

Maybe try using another TOR exit node, you know, the ones only pirates would use. Which is all of them.
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Anonymous Coward, 25 Aug 2017 @ 2:55am

Re: Actually, if "Cateau" had gone to "Chateau" first, might have better than avoided.
You don't have absolute rights to visit a website you loathe with every fiber of your being, and yet through the usage of technology that bypasses government law, which you also loathe, that clearly hasn't stopped you.
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The Wanderer (profile), 25 Aug 2017 @ 6:51am

Re: Re: Re: Is there a moral lesson to this story?
If I may make a suggestion?

Continually ending sentences with rhetorical confirmation questions ("right?", "isn't it?", "wouldn't you?", et cetera) does not help your case, does not support your argument, does not present a good image, and also helps serve as an identifying signature of who is writing the post.

I've more than once had to restrain myself from reflexively flagging a post which contained two or three (or more) "right?"-suffixed sentences, just because it's so blatantly passive-aggressive as to arguably qualify as trolling all by itself.

I would suggest that if you cut way back on the use of that sort of rhetorical gimmick, it would - not so much strengthen, perhaps, as "de-weaken" - your position in the discussions.

Maybe one such sentence every three or four posts might be reasonable enough to not obtrude upon the reader's consciousness as a negative factor, but anything more than that - and certainly by the time you have even two in the same post - is IMO enough to be immediately noticeable, and therefore too much.
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David, 25 Aug 2017 @ 11:02am

Ok, I'm far too late in the game
to make any of the week's list. Or even get noticed by more than at most two people (you know who you are).

But imagine you had to write a description of what transpired in this video that, for the sake of argument, might have been taken secretly at a Cateau. And then imagine somebody mistakes this for the Chateau instead.

What a blow to their reputation. Well, on second thought, people still register at the Hilton, Paris. But in theory...
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Anonymous Coward, 25 Aug 2017 @ 3:22pm

Honestly? I haven't seen the marks in any but written form, but I have trouble keeping them straight in that form. I wouldn't say it's a very good case to bring but I do think it might have a *smidgen* of merit.

I mean they're *one* letter apart and both are luxury hotel services (although one is for cats.)

Whereas Chateau Marmutt is actually visually distinct.
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Bergman (profile), 27 Aug 2017 @ 4:46pm

What I want to know though...
Is whether there's a Chateau out there for Marmots?
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