Quote:
Originally Posted by Thasaidon
From today's BBC news.
There is a small cafe near where Tolkein used to live in the UK called "The Hungry Hobbit". It has used the name for six years.
The lawyers for the big US corporation which purchased the copy right to Tolkein's work has written to them telling them to stop using the name. They say "it could cause confusion" and was an infringement of copyright (theft?).
I think the argument is risible and just another way big corporations try to extend "their rights". As far as I am concerned is a potential PR disaster for the company. Similar to the Harry Potter domain owned by a young girl who was similarly approached by the film company who claimed exclusive "rights" to the domain name.
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This is nothing to do with copyright - these are both trademark violations, and that's a VERY different kettle of fish. The trademark holder has no choice but to take action in such cases when they become aware of them; if a trademark is not defended, the holder can lose the trademark as a result.
You may think it risible, but I'm afraid that's the way that trademarks work.
With a Hobbit film in production (two films, in fact), it's especially important that the trademark holder defends its rights, because otherwise they would have no control over unauthorised merchandising related to the film - anyone would be able to turn round and say "but the word 'Hobbit' is in common use, and you haven't stopped it" and use this cafe as an example. It's vital for them to take action here.