Hobbit Pub being sued

[VaporPunk]

This is just silly.

http://www.bbc.co.uk/news/uk-england-hampshire-17350103

Makes me want to boycott the movie, almost.

[tubemonkey]

Change the name to The Bobbit

[VaporPunk]

Originally Posted by tubemonkey

Change the name to The Bobbit

Might not be the wisest move tho...
http://en.wikipedia.org/wiki/John_and_Lorena_Bobbitt

Yikes!

[frostschutz]

The owner argues "We're bringing people to the books and the stories who haven't heard of JRR Tolkien." but from the view of the copyright holders, it's probably the other way around... the popularity of Tolkien would bring customers to the pub.

Compared to this case in Germany it's at least somewhat understandable...

[tubemonkey]

Originally Posted by VaporPunk

Might not be the wisest move tho...
http://en.wikipedia.org/wiki/John_and_Lorena_Bobbitt

Yikes!

Hey, a new plot twist. Give all female customers a knife when they enter

[VaporPunk]

Originally Posted by frostschutz

The owner argues "We're bringing people to the books and the stories who haven't heard of JRR Tolkien." but from the view of the copyright holders, it's probably the other way around... the popularity of Tolkien would bring customers to the pub.

Compared to this case in Germany it's at least somewhat understandable...

Agreed that this is even sillier. How can you TM a fruit?

[carpetmojo]

If she doesn't watch out, the US 'll put in an order..ooops, sorry, request, for her to be extradited 'cos of the terrorist risk she represents......

[HappyMartin]

They could just call it Hobbiton Pub and say they named it after the town in South Africa that I believe Tolkien lived in or near for a while.

As to the fruit thing. Pathetic Apple

[DiapDealer]

It's not really surprising. The Tolkien Estate has always been aggressive (overly so in some instances, in my humble opinion) protecting its intellectual property, but I understand it's Hollywood Lawyers in this instance.

Still, I can't help but think the pub owners should have known better. Images that clearly look like the actors from the movies and "The Hobbit" emblazoned on the banner/shingle? C'mon... they knew they were pushing the envelope. They were just hoping to stay under the radar.

Call it the Prancing Pony, lose the character images—but keep the overall decor—and you're golden. It could be too late for that, though... that's frankly where they should have started. We wouldn't be here discussing it if they had. Popularity/business from all the attention (not to mention the "Save the Hobbit" campaign) will probably console them as they struggle to comply with the oppressive legal requirements, though.

[JoeD]

From what I've read about it, it sounds like the name of the pub isn't really the issue and that the movie company would have a hard time getting them to change the name, however the additional use of images from the book/film and the names for menu items plus "dressing" is an issue as they're really trading off the Tolkien brand.

Hopefully they just come to a reasonable price to license the existing usage and keep things going. That way pub gained free PR (how many of us had heard of it before now plus movie company doesn't come across as the big evil giant stamping out the little guy (even if they are just protecting what is really theirs)

[khalleron]

Ian McKellen posted this on his blog - apparently the makers of the movie are on the pub's side.

This has nothing to do with either the makers of the films or the Tolkien Estate - the entity suing is Middle-Earth Enterprises - who bought the trademarks from United Artists. The pub had the name before the trademarks were registered, so one hopes they'll win out against what seems to be corporate bullying.

[teh603]

There's also a Hobbit Cafe in Houston, formerly known as the Hobbit Hole when it had less parking. They've been in business for at least thirty years, and there'd be a real outcry if that one were to get sued.

[JoeD]

Originally Posted by teh603

There's also a Hobbit Cafe in Houston, formerly known as the Hobbit Hole when it had less parking. They've been in business for at least thirty years, and there'd be a real outcry if that one were to get sued.

If it's just the name, then they're not really trying to trade on someone else's IP and wouldn't afaik have anything to worry about. However, in this case, I think it's more down to the following:

It features characters from Tolkien's stories on its signs, has "Frodo" and "Gandalf" cocktails on the menu, and the face of Lord of the Rings film star Elijah Wood on its loyalty card.

all of which are trademarked (afaik). That said, it sounds like the company involved isn't playing the big bully and are willing to resolve the issue

When it's an established business, we like to get the company to acknowledge they are using our trademarks, stop selling infringing articles and then we will grant them a licence for a nominal fee - approximately $100 a year.

If the pub is offered something like that to allow them to keep using the theme then they'd be a little silly to turn it down. They are after all trying to use the success of Tolkien's books to further their own business.

Source: http://www.bbc.co.uk/news/uk-england-hampshire-17390623

What they say about defend it or lose it in regards to trademarks is perfectly true as well. Can't really blame a company for having to do what laws require them to do in order to retain their trademarks.

*Usual IANAL disclaimer applies

[carpetmojo]

The lady should send for Gandalf, he'd sort it out pretty swiftly, I bet .......

[howyoudoin]

Originally Posted by carpetmojo

The lady should send for Gandalf, he'd sort it out pretty swiftly, I bet .......

That man can't sort anything out. Wasn't he the guy who made everyone else walk to Mordor, and then flew there himself?