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On any given summer Sunday, hundreds pack the pool at the Hard Rock Hotel and Casino for Rehab.
Thursday, Sept. 23, 2010 | 9:29 a.m.
Exposure: Vegas Daylife (VIEWER DISCRETION ADVISED)
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Summer stretches into a five-month Spring Break at Rehab. The Hard Rock pool has helped transformed Vegas nightlife into "daylife." (Viewer discretion advised. The content of this video might be objectionable to some viewers.)
Sun Coverage
The owner of the international Hard Rock brand no longer wants its name associated with the Las Vegas Hard Rock hotel-casino and is suing to cancel their licensing agreement, citing negative publicity from the Rehab pool parties and reality TV series.
Orlando-based Hard Rock Cafe International (USA) Inc. (HRCI) sued the owners of the Las Vegas hotel as well as Rehab's producer and broadcaster Tuesday in federal court in New York.
"The behavior depicted in the Rehab television program that is authorized, created and distributed by defendants is entirely at odds with the brand image of the Hard Rock marks (trademarks) and is likely to damage and has damaged the goodwill of the Hard Rock marks among consumers,'' the lawsuit charges. "Among other things, Rehab portrays the Las Vegas Hard Rock Hotel & Casino, a property operated under trademarks owned and licensed by Hard Rock Cafe International, as a destination that revels in drunken debauchery, acts of vandalism, sexual harassment, violence, criminality and a host of other behavior that most members of the general consuming public of the United States who regularly frequent or are potential patrons of HRCI’s Hard Rock Cafe restaurants and other properties operated under the Hard Rock marks would find unseemly and objectionable.''
Sued was Las Vegas Hard Rock owner Hard Rock Hotel Holdings LLC, which is majority owned by international financial giant Credit Suisse's DLJ Merchant Banking Partners unit.
A request for comment on the lawsuit was placed with Morgans Hotel Group in New York, which manages the Las Vegas Hard Rock and has a minority ownership stake in the property.
Also sued were Turner Broadcasting System of Atlanta, which the lawsuit says has broadcast on its truTV cable TV channel since November 2008 the show "Rehab: Party at the Hard Rock Hotel,'' as well as show producer Brad Lachman Productions Inc. of Burbank, Calif.
The Rehab show "purports to depict events'' during summer pool parties at the 1,500-room Paradise Road hotel-casino, several blocks east of the Las Vegas Strip.
A problem with Rehab, the lawsuit asserts, is that it portrays the staff of the Las Vegas Hard Rock hotel-casino "as unprofessional, incompetent, and/or physically and emotionally abusive to hotel guests and other staff.''
"HRCI prides itself on offering guests at its Hard Rock Cafe restaurants and other properties operated under the Hard Rock marks dining and entertainment experiences that are pleasurable, fun and consistent with the democratic free spirit of rock music. In contrast, Rehab associates HRCI’s Hard Rock marks with conduct on the part of both hotel guests and staff that is offensive, depraved and deeply damaging to the Hard Rock marks and their inherent goodwill.''
The lawsuit also charges the actual pool parties -- not the reality show -- have harmed the Hard Rock brand by associating it with criminal activity as Las Vegas police arrested eight people at Rehab one year ago on prostitution and drug charges.
The show has caused customers around the country of various Hard Rock properties to complain, the suit says.
Complaints cited in the lawsuit include:
-- "My wife and I travel to Las Vegas every other year and stay at the Hard Rock; I'm sorry to tell you that our family will not stay there ever again. I saw Rehab on truTV and was appalled by your 'Little Hitler' Matt -- the so-called manager. I never would take the time to write such an e-mail, but watching him call your employees 'stupid' and a 'whore' just angered me to the point where I felt compelled to write. His only management technique is 'I'm gonna fire you.' He also says things like it's her time of the month.' Can't decide if it's a moronic attempt by Hard Rock to boost ratings, but your sorry butts should be sued by your employees for allowing and creating a hostile work environment, and sexual harassment!!??!!''
-- "I have watched this season’s episodes of Rehab and I must say after seeing the behavior of Matt, I am certain that I will not be attending any more events at Hard Rock in Dallas or any other city. In addition, I will recommend to those I know planning events that they choose other venues. His behavior is deplorable and if those are the types of individuals that Hard Rock promotes, then your venue is not a venue that I ever want to frequent again."
The lawsuit says Hard Rock Cafe International complained about Rehab to the Las Vegas property owners, but the allegedly offensive nature of the program is continuing in its third season.
Hard Rock Cafe also complained the Las Vegas property owners have misused the Hard Rock brand at the Hard Rock hotel-casinos in Tulsa, Okla., and Albuquerque, N.M., where in both locations Hard Rock Cafe alleges "the range of services, character of the establishment and the experience offered to customers is incompatible with consumer expectations for goods and services branded with the Hard Rock marks.''
Hard Rock Cafe also charged the Las Vegas property owners have registered without authorization website addresses such as cherokeehardrockhotel.com, hrhpokeronline.com and hardrockroyalty.com.
The lawsuit, alleging breach of contract, trademark infringement and other claims, seeks a court order terminating the Hard Rock licensing agreement between Hard Rock Cafe and the owners of the Las Vegas property.
Without that practically everyone would have thought Hard Rock was bankrupt 10 years ago.
Idiots. What part of any PR is good PR, especially in Vegas, that they don't understand.
Then again, what do I know, I'm untrusted. ;)
And of course the HRH in Hollywood is the epitome of class. Can anyone say "Anna Nicole Smith"?
This is not good news for the Las Vegas operation.
I think it's one heck of a valid claim for the legal action.
Though I've never thought about the connection and the potential damage to the cafe's and other Hotels worldwide, I've never seen the reality show, but I can imagine it's not a very positive impression.
I think these pool clubs are bad for the image of Las Vegas in some quarters, conventions, older people for example.
All just my opinion.
Two points:
First: The pool parties are out of control and lots of arrests have been made there recently. However, I believe that is part of the fun and/or mystique that draws the trendy wanna be party crowds to it.
Second: Don't believe for a second by any of the BS that is being filmed with the employess and managers. They all have to sign waivers to prevent lawsuits and the producers need to create more of a story than just waitresses serving drinks. That's not going to get ratings. So they "create" all sorts of outrageous behavior and situations that are 99% fake....just for the TV ratings. I was on a "reality" show called Caesars 24/7 a few years ago on A & E....it was all faked.
Very interesting. I thought it brought rather good publicity to the resort (aka no publicity is bad publicity) but I have to hand it to HRI for standing up for their brand and message they want to send to their world wide customer base.
About time someone takes a stand on this, it makes me want to puke when I see the commercials being ran. Everybody thinks they are a thug these days, because of the show and the ATTITUDE from the establishment and management, I will never spend my money there. Let this be a lesson to all others thinking that a thug show will get you positive ratings, on a scale from 1-10, 10 being tops, I give you a 0.
And I would RIGHT NOW, send a message, and fire all management pertaining to the show.
THIS IS NOT HOW WE WANT VEGAS RECOGNIZED
matt the short man syndrome manager should be sacked immediately. He is a disgrace and should be in jail for throwing items at employees. I cannot believe his management style brings in more money than a people friendly style. This hotel is a joke with entitled waitresses expecting $1000 tips just for carrying a bottle and flashing their t&a .
It amazes me that people are willing to trash their own integrity and name just to make a few bucks if what you say is true noindex. That's sad reality right there.
After watching this show on TV numerous times, more so for giggles, I will never attend a pool party anywhere in this city. I think as a paying hotel guest, they should be the only ones utilizing the facilities at the hotel. Why are hotels charging resort fees to guests for each night of their stay, when outsiders can pay a one time fee for the day and use the same pool. Kind of defeats the purpose of staying at a specific hotel for it's "amenities". My parents used to love staying at the Mirage, but since finding out that outsiders can utilize pools, they will never stay on the strip again just because they like the pool. For the record, Matt is a degrading SOB, and I find it hard to believe that the Hard Rock would allow such behavior. They want reality and drama? If i worked there, I'd beat that little man to a pulp the first time he spoke down to me. Why not, I'd get fired anyway.
I think we can count on Matt being gone after being singled out here with actions that dont make a lot of sense.
Hard Rock has milked this concept for everything that it is worth. The question I am posing is that it seems like the recent run of Night club type of venues hiring managers that dont seem to have the experience or maturity level to represent their hotels. The thought process of hiring someone to run events at these facilities that is the same age as the customer will work, dont appear to be getting it done.
It used to be that "managers" were experienced. Now with the use of the term "promoters" flying around - if you can bring a hotel money they will give you keys to the hotel.
The issues with gaming destination Hard Rock Hotels in Oklahoma and New Mexico seem to be reaches at best as far as how they hurt the brand. Hard Rock Cafe's have always been places where you will run into the completely tattoed and pierced servers. So to cry about perception is a little late for them.
The issues with pool parties is that they are Vegas Cash cows at the moment, designed to drive as much money as possible to support the struggles of the casino. The fact that Hard Rock did not have the ability to view these shows before airing is a stupid mistake as they should have some form of control. Once again, some 28 year old is in charge and does not have the experience to even ask that question. So besides Gaming Control and Metro - now you have the Hard Rock people all over you. I am sure that Matt and his 25 year old Management staff will know exactly what to do to fix things. Dont bet on it.
Go to the Red Rock Resort, buttercup. Only hotel guests can use their pool.
They say Vegas had returned to its adult playground roots. That is an outright lie.
Just another reminder that any class and style Vegas had left when the boys got run out by these giant corporations that have sold out for the masses of classless, clueless candy kids.
They need to get rid of these lowlife events and leave the friggin' kids at home!
When you base success on the lowest common denominator you ought to brace for disappointment sooner or later.
buttercup- dont let rehab ruin it for you MGM grand puts on a great pool party that isnt all about hard body tools and more about having a good time. I forgot the name of it but its a great time.
Good for the head company, Hard Rock Las Vegas & Rehab plays to the lowest common denominator. You have to be able to walk a fine line of promoting and allowing "fun" but also being responsible and professional about it. The Las Vegas location is neither responsible or professional. If worst case scenario they lose the right to be branded a Hard Rock it will hurt the property more than people realize.
WOW.
Ironic, I caught the first and only episode I'll watch of this show 2 nights before and was wondering how that nazi "Matt" fellow isn't out the desert somewhere. I was never going to check that pool out or even the casino again seeing that.
It was only a matter of time..Non-Gaming "executives" micro-managing a gaming establishment assures failure. The targeted high rollers were run off because the aforementioned "executives" couldn't handle the win/loss fluctuations. So, in an attempt to fatten the bottom line, they allow an "anything goes" attitude at "Rehab," which apparently includes the employees, then put it on TV. Brilliant. (clap..clap...clap). Under the original ownership, a manager behaving even remotely close to the way Matt was, would have probably gotten him fired by Peter Morton himself.
Very heartening to see that someone in the corporate world still has standards. Good job, HRCI. I hope you win the suit.
Hard Rock Cafe gets more publicity from The Hard Rock Hotel & Casino than anything negative. If anything they should be thankful that their name is out there and not worry about what some cowboys from Albuquerque or Tulsa think. This is Vegas! Its meant to be what it is. They are probably upset that couldn't get into Rehab.
BS lawsuit. HR Cafe trying to get money in any way they can. Worst case a name change will be fine. I do agree with is that Matt can be over-bearing and critical of his employees. The show pushes this to maximize viewers. I know Matt and he is a hard working drug-free manager. Very hard to find in 'Vegas. Lastly, no I don't work for HRH.
The (evident) behavior of some of the Rehab management team leaves something to be desired, as evidenced by the TV show. But anyone who has worked either front-of-house or back-of-house in the restaurant and nightlife industry knows what goes on -- even in whitewashed, corporate chains (watch "Waiting" if you are unaware). Restaurants, bars and nightclubs are not where buttoned-down corporate America goes to work, and rightly so.
This also unveils a lot about so-called "reality TV" in general. Who knows how much of it is scripted/egged-on by the producers or manufactured/exacerbated by editing tricks?
That said, the Hard Rock is kind of a tired brand appealing mostly to Baby Boomers, most of whom are hardly rocking and rolling anymore. If I were the Hard Rock Hotel executives, I'd have the signs off the building today and not even challenge the lawsuit. There are other young-minded brands out there much better suited to the young party scene in Las Vegas.
For those of you who are "appalled" at the "wild" behavior of some of those in attendance at Rehab, I'd kindly suggest you are no longer within their target demographic. As we get older, it's funny how we turn into the curmudgeons telling the neighborhood kids to get off our lawn ...
I've been around long enough to observe America's transition from the land of the free to the land where nothing is allowed, and its a real sad affair!
@ James_P_Reza
"This also unveils a lot about so-called "reality TV" in general. Who knows how much of it is scripted/egged-on by the producers or manufactured/exacerbated by editing tricks?"
You hit the nail on the head with the hammer. It's true.
James, you da man!!! couldn't have put it better myself.
James, yes, great post. Lot's of good insight there and I have a hard time understanding what they can do with the naming matter, given that so much of the aura and theme is so tied in with the HR branding.
Hard Rock Cafes have all of the atmosphere/action of Pizza Hut - - - with some guitars on the wall. I've never stayed at Hard Rock Hotel because of this. Never watched the show but I have a feeling that most of the drama is contrived, like the bike & car building shows with phony deadlines creating conflict between the "personalities".
My boyfriend and I watch this together - he who was both GM & Director of Ops for a nightclub restaurant conglomerate said last season that in that business you have to be tough sometimes. I disagreed and thought Matt crossed the line - there is a tactful way to be authoritative. This season it is clear to both of us Matt is out of line in his treatment of employees. I said in the first episode somebody was going to sue. It was not hard to guess. It will, however, be sad if the Hard Rock brand is lost at that property - it is a very strong brand and supports an OFF STRIP property that would lose popularity if it lost the brand.
It is a shame how the Hard Rock brand has been dragged through the mud by the powers that be. Corporate types have their heads buried so far up their behinds that the only thing that matters is the *Bottom Line* The new "regime" that has over extended their credit, made a mockery of the strengths that were the Hard Rock Casino and chased off more loyal and dedicated employees will be trying to wiggle out of the Rock and the Hard place they currently find themselves soon enough. Just as mentioned above. The business of running a casino on a day to day basis escapes non-casino people. Ask those that had the pleasure of working for Peter what their choice would be. The current "regime" or Peter and his management team. I'll guarantee you will get a 99 to 1 sound off for Peter's crew. Although The ReHab idea was hashed out while Peter still owned the Rock. I highly doubt he would've let HIS HOUSE be portrayed in such an unfavorable light. For that matter he never would've allowed the shenanigans to take place that occur on a weekly basis at ReHab. Maybe Harry can convince his dad to buy back the house that they built. One could only hope. Casinos should be run by casino people just like teeth hould be cleaned by dental hygenists.
Matt has not been sued because it is fake, scripted. The only true "reality TV" is COPS.
The Hard Rock has not been the same since Mortoni's closed. It is far too large and main stream. It used to be a safe place to be a little dangerous while maintaining a low profile.
The timing is impeccable for the pending purchase by a certain Las Vegas Nightlife/Hospitality company.
Facebook.com/SinCityExaminer
Time to drop the brand, it's dime a dozen much like a Walmart or a 7-11 and it is all about the money and envy, the location in Las Vegas probably makes the most out of all them. Time to rename it something unique to Las Vegas.
I've done business with Hard Rock Cafes across the country for years. The atmosphere and food offer a great value. I also know that the Hotel has simply licensed the name in order to attract people (like me) who have been loyal to Hard Rock Cafe. The rehab events are disgusting and juvinile. Who wants to share a pool with 5,000 drunks. The "managers" on the TV show are unprofessional and a disgrace. (Last year there was a female manager that was equally as bad as this Matt guy). Note to HRH, if this is the clientele you are after, count me out. The problem with licensing a name is that a business loses control of the business. The typical customer just assumes it's all run by one corporation.
Hard Rock Cafe is still great, but I can see why there is confusiuon.
The truth is deeper than Bakersfield suggests. Peter Morton founded the Hard Rock Cafe chain; he also built the Hard Rock Hotel. It wasn't just a simple "licensing agreement" in the beginning as Peter Morton was deeply connected to the origins of the brand.
Imagine where Las Vegas would be if people had posted in 1962 that the "Rat Pack's behavior is disgusting and juvenile." Since when have we forgotten that "Vegas" is an idea that has always and forever meant to sell libertine experiences to the world? The more we forget that, the more we become just another bland suburb with casinos, and the more we set aside our competitive edge.
Part 1 of 2:
The most interesting "fact" from the court Complaint is who the plaintiff's lawyers are. Among the universe of lawyers who could have been chosen, the corporate plaintiff picked Dorsey & Whitney, a firm with original headquarters in Minnesota. That firm likes to think of itself as the "pre-eminent Indian Law firm in the United States". Dorsey & Whitney will play all sides of the street, for Indians, against Indians, or for banks lending money to Indian businesses. You name it, Dorsey & Whitney is making money off Native Americans. I personally do not like this law firm because (1) their lawyering skills concerning Indian Law are nothing spectacular but very expensive and (2) they are not loyal to the Native American community as a whole, taking cases "against" tribes when they can make money, even though purporting to represent Native American tribes at other times. See: http://www.dorsey.com/indian_gaming/
To me, the most interesting gripe in the court Complaint is that the plaintiff doesn't like the way Western Native American tribal licensees who use the name "Hard Rock" under licenses from the defendants run their casinos in the Western United States.
However, while Dorsey & Whitney sue the universe on behalf of the plaintiffs, they do not sue any of the Western tribes about whose activities they complain. That is, of course, because Dorsey & Whitney would have to sue the tribes in soverign tribal courts. Probably Dorsey & Whitney does not want their claims to be tested by Native American judges and jurors, and instead want to terminate the white companies' trademark use rights and then let the Native American tribal hotel/casinos be mired in a legal mess. Obviously the Native American tribes who Dorsey & Whitney try to indirectly attack need to figure out how to get control of what Dorsey & Whitney is doing. Dorsey & Whitney's tactics remind me of the nasty machinations of Marilyn Densham (played by actress Sissy Spacek), a powerful and conniving lobbyist in the show "Big Love".
Part 2 of 2
Despite all the bluster in the front end of a court Complaint, it is the "back end" where you really find out what the plaintiff wants.
As to this plaintiff's complaints about alleged trademark violations and unfair competition against the white defendants who operate Hard Rock Hotel/Casinos in the Western United States, the back end of the court Complaint is really clear. The plaintiffs want the profits from the TV show, and the profits from any other business enterprises they don't have their mitts into, such as business operations of restaurants in hotel/casinos operated by third parties.
And, of course, the plaintiffs want the defendants' right to use the trademarks forfeited, which is simply code for wanting a bigger piece of the action.
What the plaintiffs and their lawyers are really angling for is to shake down the users of the trademarked name in the old Peter Morton territory (Western U.S.), for a bigger piece of the gross, even if the plaintiff doesn't have a right to that money under the master licensing agreement. They plaintiffs will try to do that by causing the defendants to incur massive attorneys fees in endless depositions about intangible non-monetary issues like quality, atmosphere and image in businesses using the trademarked name under the license agreement.
All the whining in the court Complaint about the Rehab television show is, to me, just inflammatory talk because one of the things that the Complaint explicitly says the trademark licensees have is "broadcast rights".
So we'll see how this turns out. Use of Dorsey & Whitney by the plaintiffs shows me that buried in this lawsuit is a shakedown of Native Americans by devious pale faces. Surprised?
These massive pool parties are catering to a well heeled young crowd that wants to stay drunk the entire weekend. Basically they do the pool party get drunk, go back to their rooms and rest for a few hours and then hit the night clubs. These kids get charged ridiculous sums. It costs fifty bucks just to go in and sit by the pool. If you want luxurious amenities like a towel and chair that will cost extra. Those private cabanas cost from the hundreds to the thousands just for a few hours, then you add in the overpriced drinks. I don't know if it's a good business model though, it drives everyone else away. Look at the Palms, I used to like gambling and eating there, look at it now. Basically it's just a huge night club with little reason for anyone else to set foot in the place.
Watching a single episode reminded me of all the things I hate about Vegas: waitresses trying to squeeze every penny they can out of a drunk, Paris Hilton "hosting", employees bitching endlessly about the people paying their salaries, bartenders complaining about having to make drinks instead of the customer just buying a $1000 bottle of Skyy vodka, competent staff being let go in favor of more attractive but far less competent employees. The things I love about Vegas are still there, but this show is very effective at making me remember how quickly it gets old.
The fact that the HRH has emloyees and managers that act like morons for the camera turns me off more than the crowds of drunken kids.
Could I ever spend money there knowing people like Matt from Rehab are getting a cut? No. I almost booked a room there last week but thought better of it after watching their show again.
<If anything they should be thankful that their name is out there and not worry about what some cowboys from Albuquerque or Tulsa think. >
VegasIndustry:
You're totally missing the point HRC is trying to make here (and thank goodness you don't run anything of importance in Vegas). There are Hard Rocks EVERYWHERE in the world and the corporation has a right to say how their image should be reflected EVERYWHERE in the world, including New Mexico and Oklahoma. Showcasing a bunch of pea=brained, almost naked, drunken idiots does not exactly promote a welcoming image, unless, of course, you ARE one of those pea-brained, almost naked drunken idiots.
< ..... the Hard Rock is kind of a tired brand appealing mostly to Baby Boomers, most of whom are hardly rocking and rolling anymore >
Speak for yourself, Reza!!! BTW - the Boomers are the ones who are spending the most cash these days. AND....Hard Rock NEVER appealed to any of my friends, all of whom are those so-called Boomers! Yeah, it was fun to go see (one time at least) the old rock n' roll stuff in the places, some of which is quite impressive; but it never was that appealing. And in the HR Cafes, the food was so-so.
Also the Hard Rock brand is still as popular today as it was when it began. Go visit any HR in ANY city in the world, and the place is packed. It's a brand that people know and trust.
You don't need a "reality" show to let the world know what a mess Rehab is. It's like a gay circuit party for straight people. Of course Hard Rock is defensive, it was just last month someone drank too much, hit his head on the pool and died.
Put a fork in'em, they're done. They've been "simmering" now for three years. The people MHG allowed to run that property did a horrible job, plain and simple. Look back to what happened in March, I've been privy to one theory that wasn't surprising at all. too bad it can't be printed, because it will never "officially" come to light.
They should cancel the tv show. When are they going to understand that adult behavior under the influence is not for the public, all of this has to be kept private.
I'll have to see if Tru has these episodes online . Never watched them.Though,the liability insurancealone must be astounding for all those drunks around water!
Reza, I stand by my comments about the HRH Rehab management. However, I did not say (or intend to imply) that they should be shut down, just said that I would not be a customer. 5,000 drunks in a pool is not my thing, but at $25 a head (I think that's the entry fee) it's obviously a money maker for them. Just not my money.
And obviously the 5,000 who show up seem to enjoy themselves. I also understand that these "reality" TV shows are somewhat "staged" for the cameras, after all, who would tune in to a show watching a bunch of 20 somethings behaving themselves. (In reality, a high percentage probably are behaving, they just don't make the cut for the show). This boomer will be somewhere other than "rehab" when I go to L.V.
By the way, I love the Rat Pack!
Very interesting article. The first season of Rehab - I thought was awesome. It depicted a fun place - fun - hard working employees and a good time. Starting with their employment of the so called "Lil' Hitler Matt" - I've been increasin...gly annoyed by his behavior and the type of environment he has created with employees. We started watching this third season and I myself was so annoyed that I almost wrote a letter to Hard Rock. Just from watching the tape backs alone is cause for several lawsuits against Hard Rock based on his behavior. It absolutely amazes me that people in the organization can watch this show and not take steps to protect themselves from possible lawsuits and gaming violations. He always claims that since he started working there their income increased - but he does not realize that the increase had a lot to do with the showing of the first Rehab - and nothing to do with his idiotic and abusive behavior. Based on that alone, I would be surprised if people don't stop attending --- or the only people that attend are low lifes looking for the drama. It is my understanding that Palms Pool makes more money than Rehab and they don't have a manager that blatantly abuses people. I had even called my lil Jessie and told her I would never ever want her working for a man like "Matt" ---- not unless she wanted me to hook her up with a good attorney for a great lawsuit. I honestly don't blame Hard Rock for wanting to disassociate themselves from this place. If they want to save themselves - they will fire that lil' maniac and try to get back to what they had when they first started!!!!!
The pool clubs and nightclubs in Las Vegas will continue to have these problems because of our litigious society. They will not be able to get away with "questionable" behavior from their employees or customers as they could have ten or twenty years ago.
Picture 11/20 is still a classic!!!!!!