The Online Computer Library Center (OCLC) has provoked much comment with a lawsuit claiming trademark infringement against a Manhattan library-themed hotel. Since its opening in August 2000, the Library Hotel, located one 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 web site (www.libraryhotel.com) claims it is the "first hotel ever to offer its guests over 6000 volumes organized...by the DDC."

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, "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 simply to sign some form of agreement acknowledging that the hotel's use of the DDC was granted by permission of OCLC. For the first two years, there was no response, said Dreitler. Last year, however, Kallan finally replied. "He basically told OCLC to get lost," Dreitler said. "All OCLC needed was a piece of paper [to] put in the file."

Dreitler says OCLC has no objection to the hotel's use of the DDC 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 but could not confirm whether Kallan - who was traveling and had not issued a statement at press time - refused to cooperate with OCLC requests.