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.
Continue reading: Delta Air Lines Sues Marriott For “Hijacking” Brand With Delta Hotels
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Delta Faucet company is now shaking in their boots...as is the Delta Delta Delta sorority.
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...
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 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".
Didn't they do this was Delta Faucets back in the day too? Could swear that they had some big legal tiff with them.
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.
The only other airline - hotel name branding I can think of is ANA hotels in Japan, which is now majority owned by IHG?
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.
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?
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.
Remember, Marriott had to drop the "Express" from Four Points by Sheraton "Express" due to IHG's threat of a lawsuit.
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.
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.
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.
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
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.
This, plus there's a relatively straightforward remedy: Don't use the brand name at US properties.
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/
Marriott sued Breeze to stop their using Moxy as their brand name due to Marriott owning Moxy Hotels.
What comes around goes around
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.
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.
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.
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.
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.
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
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.
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?
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.
Just a small thing, but the phrase is "come to think of it" not "come and think of it.
"Delta Flapper"
We flush your SkyPesos value right down the ol' pooooop chute.
Tri-Delta should co-brand.
As we used to say on campus, when dating? "When you have no standards? Try Delta"
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.
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.
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.
If the faucet company expanded into toilets i might understand the resulting lawsuit
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.
I don’t think that’s true. I remember staying at a Delta hotel near Orange County airport about 20 years ago.
This isn't anywhere near the first stupid court case like this and it won't be anywhere near the last
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.
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 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.
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.
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.
As I've posted here before:
Q: Why don't sharks attack lawyers?
A: Professional courtesy.
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.
This will set precedent for the inevitable burger in the name legal wars between Burger King, In-N-Out Burger, Whataburger and Smashburger.
DenB, that was you I saw in the tub on my Porter approach into Billy Bishop Airport?
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.
Honestly they should do some sort of joint venture where you use skypesos to wipe your bottom before flushing them down a delta toilet.
@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.
I always avoided Delta hotels because I used to think they are associated with the low class Delta airlines
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? 😉
…. in the air on DL ATL-JNB … landing in about 30 minutes, you wait and see! 😉 😮
DELTA Hotels was big in advertising it’s hotels in Germany in the 90’s!!! So i don’t think it was that unknown!!
Surely everyone, even trolls, are aware that Tim’s interests lie in flying aeroplanes and not ‘flying bedsteads’ …. 🙂
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.
That's not the flight time of ATL-JNB unless there was some massive delays.
Tim is more likely in disguised flying IAH-SYD on United.
Considering the awful service of US based airlines and their squeeze every penny from the customer mindset I cant imagine any business would want to be associated with an airline. It would rather be like associating your business with the Sewage Treatment plant. Delta Hotels might do well to disassociate themselves from the airline, it would probably improve their public perception...
This reminds me of a lawsuit by Dell Computer.
There was a TV/Electronics repair shop in Kalamazoo called Dell Service. It was founded in the 1970’s when Michael Dell was in grade school.
Dell found out about them and sued them.
They lost and had to pay six figures (in the late 1990’s) for them to change their name to Midwest TV Repair.
Yes, Delta pre-Marriott in Canada was somewhere between Sheraton and Westin. They even offered turndown service! How things have changed in the 10 years since Marriott bought Delta. Now, Delta is competing with Holiday Inn for customers.
At the time Delta was bought by Marriott in 2015, Delta had no properties outside Canada.
Amusingly, Whataburger already had this. There's a second chain (What-A-Burger) in VA/NC/SC. They settled by agreeing to stay out of each other's territory (I believe basically divided at the Savannah River), since both arose in the 50s (IIRC) with no knowledge of one another (TX and VA - 1000 miles apart with no internet).
If Marriott has trouble in this case, I think that's where it comes from - my sense is that Marriott can't say they expanded the brand as it was operating in Canada elsewhere. They just grabbed a trademark and dort-of did "whatever" with it, slapping it on a bunch of random conversions.
I also don't think it's unreasonable to block Delta Hotels (as a brand) into Canada - not all brands must be global, and Marriott could just add a 95th brand to make up for it. Alternatively, I might suggest blocking the brand from "airport hotel blobs" - can you imagine the confusion if Marriott had converted the DTW Westin to the Delta brand, even keeping the group's Canadian downtown standards? Or gotten the MSP on-airport hotel into the brand (and away from IHG)?
I think the bottom line is that the two at least need a settlement to lay out ground rules, lest Delta (now selling hotel stays) be perceived to have cut a weird franchise deal with Marriott (against DL's cooperation with Hilton and in spite of Marriott having a preferential deal with United).
Unrelated to this, I always thought Delta (any version) is missing a chance at the best tagline:
Time for a change!
IANAL but I think that mostly comes up in cases of trademark squatting (i.e. pursuing cases in "defense" of trademarks you're not really using, at which point you're just abusing the system). It would be a bit hard to make such a claim vs a major airline.
I was aware of them due to a few visits. Honestly, I originally wondered what the heck DL was doing with skyscrapers in Montreal and Toronto.
Marriott bought the brand, I presume, for the properties/rooms. It wouldn't have been hard for them to just make it a "Canada brand" and leave it be, but instead they decided to plop a bunch of hotels in the US with little in common with the hotels in CA other than the name, presumably to take advantage of "Oh, cool, another brand we can franchise out".
They probably will, eventually. I think Dreams would be easy to just roll into some other part of their Pointless Collection, but Dream is smaller and has zero brand awareness to speak of, so...maybe just merge it into something like Thompson?
One more: Radisson SAS was a hotel brand that was used for a few decades when SAS Hotels partnered with radisson to brand their EMEA hotels was Radisson SAS. These were rebranded to Radisson BLU.
Protecting your brand is everything for companies, but at some point enough is enough. Can you imagine United brought a lawsuit against everyone with United in their name??