Delta Air Lines is suing Marriott over its Delta Hotels brand, arguing that the hotel giant was trying to “hijack” its brand and good will when it purchased the Canadian hotel group and expanded it significantly. Is there any merit to this, or…? Thanks to View from the Wing for flagging this story.
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Delta Air Lines thinks Marriott is copying its branding
Marriott has dozens of hotel brands, and one of those is Delta Hotels by Marriott. The Delta Hotels brand was founded in 1962 in Canada, and was acquired by Marriott in 2015. Since being acquired by Marriott, the Delta Hotels portfolio has grown significantly, including in the United States.
For the past several years, Delta Air Lines has been trying to take legal action against Marriott over the branding, and a trademark infringement trial has just kicked off this week. The Atlanta-based airline argues that Marriott tried to “hijack” its brand and good will when it purchased the brand a decade ago.
Of course there are many uses of the word “delta” out there, and they don’t originate with the airline. For that matter, the airline in the first place is named after the Mississippi Delta region.
Delta Air Lines and Delta Hotels are both in the travel industry, but it’s not like airlines and hotels compete directly. Then again, airlines are increasingly selling hotel stays (in an effort to increasingly monetize their loyalty programs, by offering rewards in exchange for a hotel commission), so Delta Air Lines does also sell hotel stays.
Come and think of it, that’s likely one of the reasons that Delta Air Lines is trying to take legal actions. For example, United Airlines has its United Hotels booking platform, while I imagine Delta couldn’t have a Delta Hotels booking platform (it’s currently named “Delta Stays”).
My take on this Delta Air Lines vs. Marriott lawsuit
I’m not a lawyer, so I’m not going to pretend to speak to the merit of this lawsuit in legal terms. But purely in terms of logic, what’s my take on the merit? I understand why Delta doesn’t want another brand using the “Delta Hotels” name, but I also feel like this is a stretch:
- I think it’s safe to say that when Delta Hotels was founded in 1962, the name didn’t derive from anything related to the airline
- I don’t think Marriott purchased Delta Hotels because it somehow thought it was a great opportunity to take advantage of the carrier’s branding; instead, we know that the major hotel groups like to grow at any cost, and this was a hotel group with acquisition potential
- I can’t imagine that the number of people who are actually confused between the two brands is that high; sure, some people on the internet are really sloppy and send emails to the wrong person or company, but that’s more of a general issue, in my opinion
- Delta Air Lines is investing in WestJet, so could it be that Delta Air Lines is actually buying a stake in WestJet to take advantage of the good will in Canada toward the Delta Hotels brand? 😉
- The Delta Hotels brand now has just over 50 properties in the United States, so it’s not exactly a huge brand, and it’s no surprise that there has been a fair bit of growth for a limited service brand
To me it would seem a little extreme to force Delta Hotels to change its name in the United States, for example. However, perhaps it wouldn’t be unreasonable to force Delta Hotels to sharpen its branding somewhat. For example, officially the brand is named Delta Hotels by Marriott, which seems pretty clear.
But when you look at the actual branding, you’ll see the logo is typically written in three lines, with “Delta” in the first row, “Hotels” in the second row, and “Marriott” in the third row, after a horizontal line. That horizontal line does seem to almost separate Delta Hotels a bit from Marriott, so perhaps an updated logo wouldn’t be unreasonable.
Bottom line
Delta Air Lines is suing Marriott over its Delta Hotels brand, arguing that the company is “hijacking” its brand and good will. The thing is, Delta Hotels has been around since the 1960s and was founded in Canada, so clearly it wasn’t initially inspired by the airline.
However, the argument seems to be that when Marriott acquired the brand in 2015, it decided to expand it to the United States, and that was at least partly motivated by Delta Air Lines’ premium image. I have to imagine that Delta wants to be able to use the “Delta Hotels” branding for its hotel booking platform, given that this is becoming an increasingly big business for airlines.
It’ll be interesting to see what comes of this…
What do you make of this Delta Air Lines lawsuit about Delta Hotels?
As Delta Airlines calls itself a plural of an air hose (Air Lines), what chance does this legal action have? Bonkers! This is nothing more than some corporate plonkers trying to justify their existence.
Tim is probably keeping his head down on this topic because he agrees that this a poor nose bag.
DELTA (Airlines) …. as always, overdoing things!
… i remember VERY well, at beginning of web era, DELTA.COM was N O T the airline, it was a paint company! ha ha ha, so much to DELTA being T H E brand be only be recognized by that word!
I would understand if it’s Alpha, but Delta …. stupid and dumb, makes me wonder, if that airline really deserves my money, if they got...
DELTA (Airlines) …. as always, overdoing things!
… i remember VERY well, at beginning of web era, DELTA.COM was N O T the airline, it was a paint company! ha ha ha, so much to DELTA being T H E brand be only be recognized by that word!
I would understand if it’s Alpha, but Delta …. stupid and dumb, makes me wonder, if that airline really deserves my money, if they got so much left over to start a legal battle with Marriott now?!?!
I do enjoy both brands (Marriott & DELTA ) … but with Delta lately i really might have to reconsider?! Last flight HNL-SEA was a disaster in terms of friendliness and being professional, i think they are going a bit over the top lately!
Luckily i got choices when it comes to where i want to spend my $$$$, actions like this, sure make me choose so e other brand if they enjoy wasting $$$ for such stupid legal action!
… second thought, or is it just a typical US American thing, suing is a HYPE since decades in that country, am i right? ;-)
I always avoided Delta hotels because I used to think they are associated with the low class Delta airlines
@Ben
Tim Dunn hasn't made a comment on this article. That is a surprise.
May be Tim Dunn doesn't agrees with Deta Air Lines which is also a surprise.
…. in the air on DL ATL-JNB … landing in about 30 minutes, you wait and see! ;-) :-o
Wait! Don’t they have high-speed WiFi on that PREMIUM flight?
Surely everyone, even trolls, are aware that Tim’s interests lie in flying aeroplanes and not ‘flying bedsteads’ …. :-)
Honestly they should do some sort of joint venture where you use skypesos to wipe your bottom before flushing them down a delta toilet.
This will set precedent for the inevitable burger in the name legal wars between Burger King, In-N-Out Burger, Whataburger and Smashburger.
Delta Air's only chance is that this is being litigated in their hometown court. The Eastern District of Texas would see that Delta Air is garbage. The Eastern District of Texas might even give a monetary award to Delta Hotel.
Delta Air knows they will be struggling financially with the United gains, and is trying to get some free money.
Icelandair has a hotel chain with the same name...
Delta Hotels is a variable brand. In Canada, it historically was not a ‘limited service’ brand, but rather more like Canada’s version of Marriott. They had/have prominent properties like the Delta Pinnacle in Vancouver (now a Marriott), Delta Bow Valley in Calgary, Delta South Core in Toronto, Delta Lodge at Kananaskis (now an Autograph Collection) that were full service. However, they also had properties that seemed more akin to limited service, Doubletree levels and that...
Delta Hotels is a variable brand. In Canada, it historically was not a ‘limited service’ brand, but rather more like Canada’s version of Marriott. They had/have prominent properties like the Delta Pinnacle in Vancouver (now a Marriott), Delta Bow Valley in Calgary, Delta South Core in Toronto, Delta Lodge at Kananaskis (now an Autograph Collection) that were full service. However, they also had properties that seemed more akin to limited service, Doubletree levels and that seems to be the model they’re expanding with in the US.
The Delta hotels in Canada are generally quite good, in the US they are a crapshoot (sort of like a Delta flight).
Many of the US hotels are really old properties, just like Delta's aircraft.
The brands seem very complimentary to me.
What’s Next: American Airlines sues people call themselves American ….. lol
Totally absurd. Imagine if no company could use the word United or American in their company name. If you pick a common word, you have to accept it will feature in other corporate branding. Delta Hotels has been around a long time… There is no case here and no need to change logos IMO.
Absolutely Janet, Tim could not have phrased it better …. :-)
If the faucet company expanded into toilets i might understand the resulting lawsuit
I think the problem is that Marriott has grown the brand outside of Canada. The fonts of Delta Air Lines and Delta hotels are very similar. I believe Delta's lawsuit has solid chances of winning.
I assumed they were the same company. In fact I shouted at the front desk clerk and accused her of being lazy when she wouldn't check my luggage in directly from the hotel. I mean why even stay at a Delta hotel if they can't check your luggage in? I need to track her down and apologize. When I checked in they said they had an upgrade for me and I asked if it was...
I assumed they were the same company. In fact I shouted at the front desk clerk and accused her of being lazy when she wouldn't check my luggage in directly from the hotel. I mean why even stay at a Delta hotel if they can't check your luggage in? I need to track her down and apologize. When I checked in they said they had an upgrade for me and I asked if it was for both of us -- they looked very confused and said "yes? I mean it has a king bed in it that will fit both of you?" When I clarified that I was asking about the plane upgrade they did not know what I was talking about. I called them dumb so I need to apologize to them also. Well at least I received extra sky pesos for using the Delta faucets.
If this goes anywhere at all in court (which it shouldn't, it's ludicrous) then it will open up a whole giant can of worms for other brands. There is no copyright law that covers what one company "thinks" another company is doing. And, by the way, Delta Airlines flies into Canada has had since the 1930s, so if they had a problem with the name "Delta" they should have taken that up with the hotel company when it was formed in 1962.
This isn't anywhere near the first stupid court case like this and it won't be anywhere near the last
Just a small thing, but the phrase is "come to think of it" not "come and think of it.
Dream and Dreams hotels, two distinctly different brands is even more confusing. Hyatt now owns both and does an incredibly poor job of differentiating the two brands. Hyatt should rename or incorporate one into one of its many other brands.
Seems appropriate-- given the sheer number of times Delta AIRLINES has forced me involuntarily to find lodging around that dumpster fire known as ATL. A hotel brand seems like a natural.
Come to think of it? Why doesn't DAL sue Delta Faucets-- since both focus on taking standards right down the drain?
I am surprised that Delta Airlines didn't sue sooner. I think a lot of people would think that Delta Hotels is in someway related to Delta Airlines as they are both in the travel space. I also could see why Delta wouldn't want people to make that connection as Delta Hotels isn't up to at least Delta's perceived brand standard. The Delta Hotel that I stayed in was lipstick on the pig. The rooms looked...
I am surprised that Delta Airlines didn't sue sooner. I think a lot of people would think that Delta Hotels is in someway related to Delta Airlines as they are both in the travel space. I also could see why Delta wouldn't want people to make that connection as Delta Hotels isn't up to at least Delta's perceived brand standard. The Delta Hotel that I stayed in was lipstick on the pig. The rooms looked nice in pictures, but up close you see the flaws of an old hotel that would need to be gutted to make nice again. Although, the same is kinda true for Delta Airlines aging fleet of aircraft.
I wonder if they'll consider the fact that Delta Hotels was originally named after an actual Delta, just like the airline was. If they feel their claim to the name is based upon their origin in the Mississippi delta, the argument might not fly. Delta Hotels, a proud Canadian brand for 60 years, has a solid claim also.
agree on all of that!
Like someone smart told me many years ago... If there's a way for a law firm to make a couple million dollars, no legal action is too small or too ridiculous. The only guarantee here is that some lawyers will spend many hundreds of chargeable hours on this.
As I've posted here before:
Q: Why don't sharks attack lawyers?
A: Professional courtesy.
Marriott sued Breeze to stop their using Moxy as their brand name due to Marriott owning Moxy Hotels.
What comes around goes around
Delta Hotels is not premium enough to be confused with the airline.
Funny. I stayed at one after flying Delta to Canada.
Thought the same but the opposite. Delta air lines is not premium enough to be confused with this low-end hotel.
It's worth noting that not actively defending your trademark with what feels like trivial cases now can be grounds for losing valuable trademark cases in the future
This, plus there's a relatively straightforward remedy: Don't use the brand name at US properties.
So, sue Delta Faucets, Tim
hey man I'm not saying I like this system. It encourages stupid frivolous lawsuits in a country already overflowing with them. This is just what the system is
The lawyers probably determined that spending the money defending their trademark against a faucet company had a much lower ROI than defending their trademark against a company you could plausibly say exists in a very similar landscape.
The problem with banning equity partners at V10 law firms from commenting on this website is you don't get the counsel of the most competent attorneys.
Remember, Marriott had to drop the "Express" from Four Points by Sheraton "Express" due to IHG's threat of a lawsuit.
I don’t understand why Marriott used the Delta name in the first place. They could have used any name under the sun. Delta was a small Canadian hotel chain — properties that were actually somewhere between a Sheraton and Westin in quality and operating standards. Delta pre-Marriott had ZERO properties outside Canada.
They could have easily rebranded. Delta Hotels had no name recognition even in Canada. I lived in Canada for five years and only found out about them when Marriott acquired them. Maybe Delta only agreed to sell if Marriott agreed to kerp the name.
For $135 million, it was a steal for Marriott to buy Delta. Delta had 38 hotels and 10,000 hotels when Marriott bought it in 2015. That was a steal. It also kept Hyatt or another company from acquiring it.
Delta also had arguably the best loyalty program before it was bought:
https://rewardscardscanada.com/delta-privilege-hotel-rewards-program/
Delta Hotels has wide name recog in Canada. The fact that a foreigner "lived in Canada" for half a decade and wasn't aware of the name isn't terribly persuasive.
I don’t think that’s true. I remember staying at a Delta hotel near Orange County airport about 20 years ago.
They had a small selection of properties outside Canada for a period of time. But there business model was predominantly focused on Canada, as both a full 4-star brand but also operating in many second-tier and smaller cities (ie. Sherbrooke, Trois-Rivières, Charlottetown, Fredericton…) where they would be the one higher-end hotel. Before all the hotel brand mergers, Delta had the best 4-star geographic coverage of any brand in Canada.
DELTA Hotels was big in advertising it’s hotels in Germany in the 90’s!!! So i don’t think it was that unknown!!
Well, the fonts used by both companies are very similar... By just looking at the logos could a reasonable person conclude that the two are related in some form or fashion?
The only other airline - hotel name branding I can think of is ANA hotels in Japan, which is now majority owned by IHG?
JAL is linked to the JALCity hotel brand as well, now a part of Nikko Hotels.
Other hotel-airline connections include Evergreen hotels being part of the same conglomerate that runs EVA.
Intercontinental hotels was founded by PanAm.
I would have assumed that they were related--that there was some cobranding thing with Marriott. I mean: you can book hotel stays through Delta; it's pretty weird that Delta Hotels is unrelated.
United used to own Westin; Air France owned Le Meridien...
Perhaps, because hotels and airlines are in related (travel) industries... eh, the court will decide.
Don't forget Lufthansa and Kempinski.
Yes, I'm dating myself here.
Wait, are we talking about Delta the faucet, hotel, or airline? *wink*
Actually, allegedly Delta originally wanted to call their premium economy cabin just “Delta Premium” but there was some issue with the faucet company’s IP so it became Delta Premium Select
"Delta Flapper"
We flush your SkyPesos value right down the ol' pooooop chute.
Didn't they do this was Delta Faucets back in the day too? Could swear that they had some big legal tiff with them.
The legal question, as best I know, is whether a reasonable person/consumer would mistake Delta hotels offering for something to do with Delta Airlines. And whether there is the potential for either to step into the other's domain of business. At the present time with the branding and separate domains generally, I would say "no".
Except Marriott is in the travel business and sells much more than hotels these days. They've also been clear that they want to become like an Expedia where you can book hotels, lodges, camps, tours, activities, etc.
Marriott groups Delta as a "Premium" brand on their site - together with Sheraton, Marriott, Westin, Renaissance, Le Meridien, etc. They don't consider it a "limited service" brand as you describe here!
However having stayed in one, it is a barebones experience. I think it is a reflection of how far Marriott's view of the meaning of the word "premium" has fallen...
The legacy Delta properties in Canada are still somewhere between Sheraton and Westin. In England, many of the older Marriott (as in the brand, not the company) properties were converted to Delta because they were older buildings, owners didn't want to renovate, etc. The Marriott Delta properties in the United States are more like a Holiday Inn or Four Points by Sheraton.
Marriott groups Delta as a "Premium" brand on their site - together with Sheraton, Marriott, Westin, Renaissance, Le Meridien, etc. They don't consider it a "limited service" brand as you describe here!
However having stayed in one, it is a barebones experience. I think it is a reflection of how far Marriott's view of the meaning of the word "premium" has fallen...
My stay at the Delta Toronto was definitely Premium. Certainly more luxe than what's possible at the Sheraton Centre downtown or at the Marriott Eaton Centre downtown. I had a 30+ floor room with floor-to-ceiling glass, where I could sit in the bathtub overlooking Toronto Islands, including the Island Airport YTZ. I agree that some Deltas are less premium but that's true of any brand in the portfolio.
The only premium Delta properties are the legacy Delta properties in Canada. New Delta properties, both in Canada and the United States, since Marriott's acquisition are competing with a Holiday Inn.
DenB, that was you I saw in the tub on my Porter approach into Billy Bishop Airport?
Where's Arps when we need him?
What are "Words that no one said, ever" for $500 please.
Delta Faucet company is now shaking in their boots...as is the Delta Delta Delta sorority.
Those girls gonna have 3x the lawsuit!
Tri-Delta should co-brand.
As we used to say on campus, when dating? "When you have no standards? Try Delta"