OCLC Sues New York Library-Themed Hotel
-- 9/29/2003
BreakingNews > News
The Online Computer Library Center (OCLC) has launched a surprising
lawsuit claiming trademark infringement against a Manhattan
library-themed hotel. Since its opening in August of 2000, the Library
Hotel, located a block from the New York Public Library's main research
library, has divided its rooms according to the Dewey Decimal
Classification (DDC) system. As part of the theme, rooms include books
corresponding to their classification. The hotel maintains on its web
site that it is the "first hotel ever to offer its guests over 6,000
volumes organized throughout the hotel by the DDC." For OCLC, however,
there's just one problem. OCLC acquired the trademark rights to the DDC
system when it purchased Forest Press in 1988, and charges license fees
to library systems for its use. Joseph Dreitler, a trademark lawyer with
a firm that represents OCLC, termed the Library Hotel case "straight-out
trademark infringement."
The news spread nationally and had electronic discussion lists buzzing,
with many librarians wondering why the suit was filed and several
contacting the hotel to express their surprise and support. Craig
Spitzer, general manager of the Library Hotel, said in a statement,
Spitzer said "The Library Hotel respects others' intellectual-property
rights and we do not believe that we have infringed the rights of OCLC
Online Computer Library Center in any way. The theme of the hotel is the
original idea of the owner, Henry Kallan, based upon our proximity to
the New York Public Library. We are not a library lending books, but
rather we have created a unique hotel experience for book lovers to
enjoy."
Dreitler, however, said OCLC attempted to get the Library Hotel to
simply sign some form of agreement acknowledging that the hotel's use of
the Dewey Decimal System was granted by permission of OCLC. For the
first two years they heard nothing, said Dreitler. Last year, however,
The Library Hotel's owner, Henry Kallan finally responded. "He basically
told OCLC to get lost," Dreitler said. "All OCLC needed was a piece of
paper they could put in their file." Dreitler says the OCLC has no
objection to the hotel's use of the Dewey Decimal system, and was never
seeking payment. But in trademark law, he said, trademarks must be
vigorously defended or otherwise lost: "If a company that owns the
rights to a trademark allows that trademark to be used in such a way
that it is no longer associated with their product, it is abandoned.
This is not something OCLC wanted to do, but they had to do it to
protect their trademark rights from such large-scale use." The Library
Hotel has denied any wrongdoing and could not confirm whether Kallan
refused to cooperate with OCLC requests. Spitzer said that Kallan was
traveling in Europe but would be happy to address reporters upon his
return.
