The Hobbit pub - Southampton

just liked it on FB the company in question have kicked up a fuss now there page has 39k likes and growing now Steven fry has waded into the fray :D
 
Vonhelmet said:
The important thing is that the copyright holder only holds the rights over plays and films, etc. They don't hold any rights over pub names. They can maybe force them to stop using the images from the films, if they could show that the pub were profiting directly as a result of using them, but they'd struggle to get them to change the name of the pub, which they have been using for 20odd years.
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No they don't hold it over pub names but they will have the copyright to the useage of the name, theme, etc. (basically IP) pretty much everything the pub has done including the use of the name when used in connection with the IP leaves them potentially owing the copyright holders royalties.

Personally given the context I don't think they should have to cease and desist aslong as they remove any material directly copied from the movies and aren't trying to provide a competing product to something offered by the owners of the IP.
 
Nitefly said:
:o

Some amusing mix-ups between copyright and trademarks here and some dodgy application of knowledge!
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I'll confess to having assumed the case was purely around the name, which would be trademarked, and would be a tricky case for the film company. Once you get into using the copyrighted material from the films it gets a lot more sticky for the pub.
 
i would have thought the film makers would be with them on this to promote their new film, this just give the film makers a bad name, I always been a Lotr fan but this is silly especially over a "name" or using cards to buy drinks. how does it affect the film makers business?
 
dave1983 said:
i would have thought the film makers would be with them on this to promote their new film, this just give the film makers a bad name, I always been a Lotr fan but this is silly especially over a "name" or using cards to buy drinks. how does it affect the film makers business?
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As far as I can tell this has nothing to do with the film makers?

The cease and desist was sent by Middle-Earth Enterprises (formerly Tolkien Enterprises), who own the merchandising and film rights to the names, characters etc.

New Line Cinema who produced the films are just another licensee.
 
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Vonhelmet said:
I'll confess to having assumed the case was purely around the name, which would be trademarked, and would be a tricky case for the film company. Once you get into using the copyrighted material from the films it gets a lot more sticky for the pub.
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Essentially, yes. Without digging out the text books, they are obviously going to have to remove material related to the films, but I'd be surprised if they couldn't give a strong legal argument to keep the pubs name.
 
Nitefly said:
:o

Some amusing mix-ups between copyright and trademarks here and some dodgy application of knowledge!
Click to expand...

Most people don't even understand copyright let alone trademarks so I'd be wasting my time trying to differentiate on the internet - I probably should just change every instance to rights.
 
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Well it looks like the company have decided to change tact and offer an amicable solution via a small licensing fee.
 
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