Home » Trade Marks » The Tale of Two Hobbitses

The Tale of Two Hobbitses

Keltie LLP

K2 IP Limited

About IPcopy

IPcopy is an intellectual property related news site covering a wide variety of IP related news and issues. We will also take the odd lighthearted look at IP. Feel free to contact us via the details on the About Us page. Disclaimer: Unless stated otherwise, the contributors to IPcopy (the "IPcopy writers") are patent and trade mark attorneys or patent and trade mark assistants at Keltie LLP or are network attorneys at K2 IP Limited. Guest contributors will be identified. This news site is the personal site of the contributors and is not edited by the authors' employer in any way. From time to time however IPcopy may publish practice notes, legal updates and marketing news from Keltie LLP or K2 IP Limited. Any such posts will be clearly marked. This news site is for information purposes only. Information posted to this news site is not legal advice and should not be taken as such. If you require IP related legal advice please contact your legal representative.
Ring

Bagginses? What is Bagginses?… Precious

The Hobbit studios Warner Bros., New Line Cinema, MGM and producer Saul Zaentz have moved to block the further circulation of Global Asylum’s recently-released Age of the Hobbits film by filing a lawsuit in the U.S. District Court.

Despite including a disclaimer within the strapline of its film (“They’re not Tolkien’s Hobbits… They’re Real”), Asylum have been accused of “…promoting and advertising its low-budget film using the confusingly similar and misleading title Age of the Hobbits, in an intentional and willful attempt (i) to trade on the popularity and goodwill associated with the Tolkien novels, the extraordinarily successful Lord of The Rings film trilogy, and the famous HOBBIT mark, (ii) to free-ride on the worldwide advertising campaign in connection with the forthcoming Hobbit films, and (iii) to divert customers and potential customers away from the Hobbit films”.

Asylum has based its defence on the theory that its Hobbit characters are based upon the real human sub-species Homo Floresiensis, which are widely referred to within scientific circles as “hobbits”. As such, Asylum claims defence on the grounds of nominal use, namely, that there can be no other way to describe its protagonists than to use the HOBBIT registered trade mark (despite the fact that it highlighted Homo Floresiensis as an alternative name to “hobbit”). Asylum has since made its intention clear to defend itself against the original Hobbitses. There are widespread reports of Age of Hobbits DVDs have entered the market, in spite of a temporary restraining order by the Court.

A Hearing date was set for 28 January 2013, where the District Court was to determine whether a preliminary injunction was appropriate while the two parties shape up to trade blows with oversized, hairy feet during infringement proceedings. (Figuratively).

Watch this space.

Nick Bowie   30 January 2013


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: