Another Margaritaville?

[landshark04]

I was talking to my cousin the other day and he was saying how his girlfriend just got back from california, and that she went to a margaritaville there, even though i knew that jimmy didnt own a margaritaville there. So i did some research and found this www.margaritavillecapitola.com

anyone else heard of this?

[CaptainP]

I guess the real question is: Do JB's lawyers know about this???
After nearly 20 years, I'd think so...

[springparrot]

hmmmmmm.............no cheeseburgers on the menu?

[spartyinmd]

When was the first Margaritaville opened from JB? If it was after 1984 that is why the company doesn't have to change their name.

[spartyinmd]

I anwered my own question. JB's first opened in 1985 and the restaurant in question opened in 1984 thus they are not covered under copyright laws.

[UpstateNYPH]

Im surprised they havent slapped a lawsuit (that i know about) against the restaurant like the one they did on the cheesburger in paradise restaurant that tried to move from Hawaii to the mainland. Interesting though...

[ches4me]

When we went to Calif. last year to see Jimmy at San Jose,
We flew into San Fran and spent a few days first exploring the pacific coast. A guide at a Lighthouse on the coast told us about the Capitola Margaritaville.

I knew Jimmy did not have one in Calif. but we went to check it out anyway. After we got to the restaurant, I even asked the waitress/ Hostess how they could use the name Margaritaville. She said it had been checked by Jimmy's lawyers they had grandfathered the name
and it was legally theirs to use in California.

After leaving San Jose, we went to the Vegas Margaritaville opening. When we were there. I asked for a manager and asked her about it.
I gave her a picture I had taken of the outside of Margaritaville"s building.
with the name showing in the picture. and the location on the back of the pict.

When we arrived home I also e mailed the Picture to Margaritaville in Key West, along with a note explaining.

While it was not the Margaritaville we all know and Love. It was a nice restaurant on the coast. with a nice deck to eat your CHEESEBURGER
and a great view of the bay and Pacific ocean.

I also brought it up in a thread here. ( one of the first times I posted.)

From all I was able to find out at the time. Jimmy and his lawyers already knew they were there.

.

[finz83]

There is also a Margaritaville in Sausalito, CA, across the bay from San Fran. No JB relation, it is a mexican restaurant. They make a good Pineapple margarita though .

[FFishstick]

I live in California and have frequented both the Sausalito and Capitola Margaritavilles. They are both owned by the same group of owners, and they have a mexican theme restaurant and menu. Their chicken (Pollo) mole is fantastic. They have a great bar right on the water and offer an outstanding tequila selection. Both were opened before 1985. They have been long standing fixtures in the bay area and in no way are associated with Jimmy Buffett. The Capitola restaurant was recently remodeled, and they did a good job. Sorry no dirt here and nothing bad to say about them. Overall a fun place to visit.

[FFishstick]

It was a nice restaurant on the coast. with a nice deck to eat your CHEESEBURGER
and a great view of the bay and Pacific ocean.
.

That's funny, although they do have a great deck that overlooks the Pacific Ocean, neither restaurant has a cheeseburger on their menu. They are strictly a mexican restaurant.

[jimsig]

There used to be a place In Worcester, MA called Margaritaville, it was near the Centrum (Now DCU Center). It has since closed, but I always wondered how they got to keep the name. Like this other place, it may have opened before Jimmy opened his.

[ches4me]

It was a nice restaurant on the coast. with a nice deck to eat your CHEESEBURGER
and a great view of the bay and Pacific ocean.
.

That's funny, although they do have a great deck that overlooks the Pacific Ocean, neither restaurant has a cheeseburger on their menu. They are strictly a mexican restaurant.

Yes, There were chips and salsa for an appetizer. and yes the place was mexican. but a great deal of JB's menu is as well.
although I do eat basic mexican food ocassionally( mostly nachos and tacos) I really an not a fan of mexican food.
We were there at lunch. and My husband and I both DID HAVE A CHEESEBURGER.!! and fries.............

the restaurant was nice I said that............. but you can bet it was named after the JB song, but before he got it trademarked. and you can also bet that a lot of tourists (like us) will only go there because of the name.

[FFishstick]

It was a nice restaurant on the coast. with a nice deck to eat your CHEESEBURGER
and a great view of the bay and Pacific ocean.
.

That's funny, although they do have a great deck that overlooks the Pacific Ocean, neither restaurant has a cheeseburger on their menu. They are strictly a mexican restaurant.

Yes, There were chips and salsa for an appetizer. and yes the place was mexican. but a great deal of JB's menu is as well.
although I do eat basic mexican food ocassionally( mostly nachos and tacos) I really an not a fan of mexican food.
We were there at lunch. and My husband and I both DID HAVE A CHEESEBURGER.!! and fries.............

the restaurant was nice I said that............. but you can bet it was named after the JB song, but before he got it trademarked. and you can also bet that a lot of tourists (like us) will only go there because of the name.

Hey get a license to chill. I was not disagreeing with you, just providing information. Of course they got the name from the song, no question, but if you read on in my previous post, they existed before Jimmy trademarked the name in 1985. As for the cheeseburger, that must have been a special of the day item or one funny looking Burrito, as they do not have a Cheeseburger and fries on their menu. Yes I am certain that they get a lot of business simply because of the name. Yet, the restaurant makes no claims of any affiliation with Jimmy and the other Margaritavilles. You have to give them credit for being industrious enough to open a Margaritaville restaurant before Jimmy had the idea. At least one person can claim they beat Jimmy to the punch on a business venture. I have met one of the owners, they are real nice people, and yes they are Buffett fans.

[MargaritaMadness]

My last name is Capitola and I will just dream that Jimmy named his restaurant after me beings I have been such a loyal fan for years.

[Key Lime Lee]

I believe Jimmy had licensing deals with the restaurants that had the Margaritavilles.

When the restaurant opened is irrelevent... what matters is who has the trademark.

[ragtopW]

When was the first Margaritaville opened from JB? If it was after 1984 that is why the company doesn't have to change their name.

sorry not so, there was a Mcdonalds in Santa Cruz California
that was opened Prior to WWII a coffee shop.and the folks that
sell burgers made them change their name.. PS
no burger joints named Mcdonalds in Santa Cruz..

[FFishstick]

When was the first Margaritaville opened from JB? If it was after 1984 that is why the company doesn't have to change their name.

sorry not so there was a Mcdonalds in Santa Cruz California
that was opened Prior to WWII a coffee shop.and the folks that
sell burgers made them change their name.. PS
no burger joints named Mcdonalds in Santa Cruz..

Get with the program, been a long time since WWII, and laws change, including the copyright laws. Actually if my facts are straight, it was the strong arming by McDonalds that caused the change in law, and therefore, Margaritaville Capitola, and Margaritaville Sausalito do not have to change their name, and having asked the owners myself, there is no gag order, and they did not have to work out a licensing deal with Jimmy Buffett. Straight from the horses mouth. Both of these are great places to eat and enjoy some tequila by the ocean.

[ragtopW]

When was the first Margaritaville opened from JB? If it was after 1984 that is why the company doesn't have to change their name.

sorry not so there was a Mcdonalds in Santa Cruz California
that was opened Prior to WWII a coffee shop.and the folks that
sell burgers made them change their name.. PS
no burger joints named Mcdonalds in Santa Cruz..

Get with the program, been a long time since WWII, and laws change, including the copyright laws. Actually if my facts are straight, it was the strong arming by McDonalds that caused the change in law, and therefore, Margaritaville Capitola, and Margaritaville Sausalito do not have to change their name, and having asked the owners myself, there is no gag order, and they did not have to work out a licensing deal with Jimmy Buffett. Straight from the horses mouth. Both of these are great places to eat and enjoy some tequila by the ocean.

was not saying that the M-ville Capatola would be an issue I was pointing out that just because they were there or at all prior to Jimmy copyrighting
the name does not exempt them from being forced to change the name..

PS the folks in SC.. their last name is Mcdonalds..

[Key Lime Lee]

Get with the program, been a long time since WWII, and laws change, including the copyright laws. Actually if my facts are straight, it was the strong arming by McDonalds that caused the change in law, and therefore, Margaritaville Capitola, and Margaritaville Sausalito do not have to change their name, and having asked the owners myself, there is no gag order, and they did not have to work out a licensing deal with Jimmy Buffett. Straight from the horses mouth. Both of these are great places to eat and enjoy some tequila by the ocean.

1. It's not copyright law that's the issue, it's trademark law.

2. Jimmy Buffett owns the federal trademark to Margaritville as it relates to the food service industry... as such, he has the legal right to make them change their name, unless they have a pre-existing trademark on the Mville name as it relates to food service.

My guess is they've simply been lucky thus far.... they should hope the luck continues.

[FFishstick]

Get with the program, been a long time since WWII, and laws change, including the copyright laws. Actually if my facts are straight, it was the strong arming by McDonalds that caused the change in law, and therefore, Margaritaville Capitola, and Margaritaville Sausalito do not have to change their name, and having asked the owners myself, there is no gag order, and they did not have to work out a licensing deal with Jimmy Buffett. Straight from the horses mouth. Both of these are great places to eat and enjoy some tequila by the ocean.

1. It's not copyright law that's the issue, it's trademark law.

2. Jimmy Buffett owns the federal trademark to Margaritville as it relates to the food service industry... as such, he has the legal right to make them change their name, unless they have a pre-existing trademark on the Mville name as it relates to food service.

My guess is they've simply been lucky thus far.... they should hope the luck continues.

Copyright / Trademark eeeeeexxxxxxxxxxcccccccuuuuuuuuuuuussssssssseeeeeeeee me!! And as I pointed out, the laws have changed, and since their business was established prior to the trademark, as long as they keep the same location, they get to keep their freaking name. No license agreement, no pay-off, no luck involved. As earlier posts have stated, Jimmy's landshark lawyers have checked it out, and they are free and clear. Long live margaritaville capitola. A great local hang out by the sea.