Barry Manilow ‘Copacabana’ Trademarks Blocked: Famed NYC Nightclub Already Owns Name

Barry Manilow has been trying for years to get federal trademarks tied to his 1978 smash hit “Copacabana.” There’s just one problem: The real New York City nightclub that inspired the song already owns rights to the name.

For decades, federal records show, companies linked to Manilow have applied to register Copacabana-related trademarks, including “Barry Manilow Presents Copacabana” in 1991, “Barry Manilow’s Copacabana” in 2006, “Barry Manilow’s Copacabana Hotel & Casino” in 2023, and another earlier this year.

But such efforts have so far been unsuccessful, thanks largely to one big problem: Trademarks for the name are already registered by the owners of the Copacabana, the legendary Manhattan nightclub referenced in Manilow’s song.

In a May ruling, the U.S. Patent and Trademark Office (USPTO) rejected the application for the “Manilow’s Copacabana Hotel” trademark, saying that consumers would likely be confused into thinking — wrongly — that the new brand was some kind of collaboration with the famed New York establishment.

“Barry Manilow and the Copa/Copacabana are two cultural icons whose names are forever linked,” the agency wrote at the time. “The original Copa/Copacabana cabaret inspired Mr. Manilow’s colossally popular song ‘Copacabana (At the Copa).’”

“Given this history, persons familiar with [the nightclub] upon encountering [the Manilow trademarks] would readily assume, mistakenly, that the services emanate from a common source or somehow share sponsorship,” USPTO wrote in the decision.

Last month, attorneys filed an appeal of that ruling, which remains pending. Those lawyers declined to comment for this story, and two press reps for Manilow did not return requests for comment.

Released in 1978 on Manilow’s fifth studio album, Even Now, “Copacabana” reached No. 8 on the Billboard Hot 100 and later won a Grammy Award for Best Male Pop Vocal Performance. It’s remained one of his signature songs for decades, with only the 1974 smash “Mandy” earning more spins on Spotify. “It turned out to be the most popular song in my catalog,” the singer told NBC News last year.

The inspiration for the track was reportedly The Copacabana, a storied Manhattan nightclub that first opened in 1940 and, during its mid-century heyday, played host to movie stars, mobsters, music legends and, apparently, Manilow. The club has repeatedly moved locations over the years, most recently from Times Square following a COVID-era shutdown to a new spot on West 51st Street.

Set to a danceable disco track, Manilow’s lyrics tell a sad story set in the eponymous venue, where a washed-up showgirl named Lola “drinks herself half-blind” as she reminisces about her glory days “30 years ago” at the Copa, before her bartender boyfriend was killed by a gangster.

Way back in 1991, federal records show that Hastings, Clayton & Tucker Inc., a company that owns Manilow intellectual property, first applied to register “Barry Manilow Presents Copacabana” as a trademark. That’s the name of a live show that played at an Atlantic City casino in the early 1990s, which was later adapted into a full-length stage production known as Barry Manilow’s Copacabana.

That application was quickly abandoned for unknown reasons. But in 2006, another company affiliated with Manilow (Cove Holdings LLC) applied for the trademark “Barry Manilow’s Copacabana,” seeking to register the name for selling a vast range of goods and services, including nightclubs, alcohol, merchandise and more.

This time, the application was hit with a legal opposition case, filed by a company called APOC Restaurant Inc. — the owners of the New York City nightclub. The company and its predecessors, which have owned a federal trademark registration on “Copacabana” since 1982, argued in legal filings that nobody had the right to take a name they’d already been using for decades. In 2008, the “Manilow’s Copacabana” application was withdrawn.

But starting in June 2021, Hastings, Clayton & Tucker tried again — this time filing four more Copacabana-related applications. In 2023 came “Barry Manilow’s Copacabana,” followed by “Barry Manilow’s Copa” and the “Hotel & Casino” mark, and finally “Barry Manilow’s Copacabana — The Party” earlier this year.

It’s unclear exactly what kind of business is in the works. Manilow’s reps did not return requests for comment from Billboard, and the trademark applications were all filed on an “intent to use” basis — meaning they don’t need to show concrete evidence that the names are already being used in real life.

What is required is for the applications to list what goods and services the trademarks will eventually be used to sell. The “Manilow’s Copacabana” application covers a huge range of goods and services, from booze to clothing to household goods, while the “Copa” and the “Hotel & Casino” applications unsurprisingly cover hotels, casinos, spas and other hospitality services. Finally, the “Party” application covers live entertainment services, including “dinner theater” and cabaret.

It’s unclear what the current owners of the real-life Copacabana think about the latest push for Manilow-linked “Copacabana” trademarks. The law firm that renewed the nightclub’s trademarks in 2023 told Billboard that it no longer represents the Copa, and calls and emails to the company itself were not returned.

No matter the Copacabana’s view on the situation, the Manilow trademarks continue hitting roadblocks. In May, two of the recent filings (“Manilow’s Copa” and “Hotel & Casino”) were rejected by USPTO examiners, with both citing the original “Copacabana” marks held by the NYC nightclub as the reason. Another application has been suspended, and the newest application (“Party”) has yet to be processed.

Last month, lawyers for Hastings, Clayton & Tucker appealed the ruling rejecting the “Hotel” trademark to the USPTO’s Trademark Trial and Appeal Board, which will now get to decide the fate of the Manilow Copacabana trademarks. If the board upholds the rejection, the ruling can be appealed further to a federal district court.

Though Hastings, Clayton & Tucker has not yet filed full appellate arguments, earlier filings from its lawyers hint at the case they might make: That the name “Barry Manilow,” and not “Copacabana,” is the “dominant” portion of the name: “Because the wording ‘Barry Manilow’s’ consists of a personal name, and particularly the personal name of an incredibly famous celebrity, it is inherently distinctive.”

Whether that argument succeeds, and the long-sought Manilow Copacabana trademarks are finally issued after decades of trying, remains to be seen.