Quote:
Originally Posted by bill_mchale
No offense to the people who love this pub, but this seems like a pretty open and shut case of infringement to me.
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It's really not that open and shut. With regard to the name itself, this is trademark infringement, not copyright. Names can't be copyrighted. The fact that this pub has been operating for a long time without a problem is, in itself, a defense, as is the fact that no reasonable person is likely to think this pub is authorized by the Tolkien estate.
The purpose of trademark law isn't to protect content owners, but to prevent consumer confusion in the marketplace -- e.g., you shouldn't have to stare at three laundry detergents on the shelf to figure out which one is the real Tide. There's no honest argument that this is a danger here. Trademarks, unlike copyrights, also have to be rigorously monitored and enforced or they can be lost.
They would have to get rid of anything like pictures from the LotR films, though -- those are indeed copyright infringement.