'The Hobbit' Lawsuit: Pub In England Threatened For Copyright Infringement

The Hobbit Pub Lawsuit

First Posted: 03/13/2012 4:36 pm Updated: 03/13/2012 4:36 pm

Is this the work of Sauron?

J.R.R. Tolkien fans may be giddy about Peter Jackson's upcoming "Lord of the Rings" prequel, "The Hobbit: An Unexpected Journey," but not everyone is welcoming the news with open arms.

According to the BBC, a pub in Southampton called The Hobbit is being threatened with copyright infringement by lawyers of the Saul Zaentz Company, the group that owns the rights to Tolkien's "Rings" and "Hobbit."

In addition to its name, The Hobbit features such Middle Earth touches like character-inspired drinks (the Gandalf is made of VS Blue, vodka, peach schnapps and lemonade) and signs. The company has asked that all Tolkien references be removed from the pub.

"Are we doing any harm? I don't think so. We're bringing people to the books and the stories who haven't heard of J.R.R. Tolkien," said the pub's landlady, Stella Mary Roberts. "We don't have the financial resources to fight it -- I can't fight Hollywood." She added that making the necessary changes to the pub would cost thousands.

To find out more about the potential legal action, along with the Facebook campaign to help save the pub, head to the BBC.

[via BBC]

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'FONE FINDS
Is this the work of Sauron? J.R.R. Tolkien fans may be giddy about Peter Jackson's upcoming "Lord of the Rings" prequel, "The Hobbit: An Unexpected Journey," but not everyone is welcoming the news...
Is this the work of Sauron? J.R.R. Tolkien fans may be giddy about Peter Jackson's upcoming "Lord of the Rings" prequel, "The Hobbit: An Unexpected Journey," but not everyone is welcoming the news...
Filed by Alex Suskind  | 
 
 
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omegapoint
Why don't you just make 10 the loudest number?
10:19 PM on 03/15/2012
Imagine, a bully Hobbit.
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SolarPowerGuy
Ph.D., Immunology; Solar power @ home; Green Party
01:42 PM on 03/15/2012
Saul Zaentz? Over-the-top artistic property rights lawsuits are what he does!

This isn't the first time he has meddled with Tolkien... and then there's John Fogarty's music...

http://en.wikipedia.org/wiki/Centerfield_(album)#Legal_issues
http://www.youtube.com/watch?v=ZgZC4Nt4oXI&feature=related
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omegapoint
Why don't you just make 10 the loudest number?
10:21 PM on 03/15/2012
Ambulance chaser.
06:04 AM on 03/15/2012
Bunch of hollywood 1%ers. I hope they back off the pub.. too bad they applied the pressure in the first place
05:50 PM on 03/14/2012
This is what happens when people go into business and don't bother to think things through properly. Here in the US I would have thought some lawyer would have said something to the people starting this business. It's just not the movie, it's also the book and since it's been published since 1937 that unless this pub began before that year, they don't have a prayer and they do NOT have the excuse they never heard of it. I feel sorry for people that get themselves in messes like this but even your very BASIC business person SHOULD know about using the name of copyright things and IF you're going to do it, don't be STUPID enough to use one of the biggest and most popular franchises ever created in the film industry. They didn't even try to change it. They just HAD to use the EXACT name of the book and/or films. If they had tried to use the word as part of another title maybe they would have a leg to stand on, forget it. To make the statement, "what's it hurting?" and not understand how it COULD harm him OR the film means he has NO clue about things. People with business skills this poor shouldn't be in business. I'm shocked they actually did this. At least in the states even the most simplest business person knows about copyright.
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HUFFPOST SUPER USER
theXepicXturtle
I Vote 3rd Party. Sue me.
03:17 PM on 03/14/2012
Really? Is this really a threat to Hollywood? A small-time pub?

I would be ashamed to be one of those lawyers who have to defend such greed.
01:44 PM on 03/16/2012
don'tbe a naive. if you paid lots of money for the rights to a name, and someone else decided to steal it from you and make money, wouldn't you be a little upset? I have a name copy written for a business, and if someone else uses it...I am going to sue. wake up.
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SeniorMoment
Retired Expert
03:17 PM on 03/14/2012
Since the pub has existed for 20 years with this name, not only may it be too late for
The Saul Zaentz Company to file an adverse use claim, but if really challeged it may be the pub that has the superior legal right to the name. After all J. R. Tokien assembled his story of the Hobbit and The Lord of the Rings by integrating existing U. K. myths into one story thread, not by total invention. It started with Irish, Finnish and English myths, although the name, "The Hobbits" could have been original to J. R. Tolkien.

Even Beowulf, the millienia old tale is woven into the story in a recognizable way, an all copyrights on that story have long expired. I can't speak for law around the world, but I did read once that the copyright on an author's original work if claimed, runs 65 years beyond the life of the author with his estate or designated heir. Perhaps though the 65 years should be shortened and include the author's life time after the publication of the story.

Besides of what possible definite link can a story with not even a pub an important setting relatee in law to a pub?
12:15 AM on 03/15/2012
the term "hobbit" is not original to Tolkien, appearing in other older lists of faerie creatures.

If you click the links, you'll find it's not just the name that's the issue. The pub is advertising with images from the films, and this is clearly a violation of the Saul Zaentz Company's copyright.
03:15 PM on 03/14/2012
Rename the bar "Not the Hobbit"
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mcinnisja
Let's just assume you're wrong and drop it...
03:45 PM on 03/14/2012
LOL - that's why they pay you the big bucks!
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Popopnano
Fuzzy peaches in your mouth
03:04 PM on 03/14/2012
I'll definitely boycott the movie if they continue with the lawsuit. It's just the name of a pub, not a book, short story, or movie. Once again Hollywood is bullying the little guy.
02:58 PM on 03/14/2012
Any number of Tolkien fans have named businesses based on his books. The article does not specify when the pub received its name, but it would not be surprising to learn it was before the LOTR movies were made. I understand that the license owner wishes to protect his rights, but the bad publicity associated with such actions as this will do more damage to his product than the unlicensed use of the name.
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Razorc195
02:51 PM on 03/14/2012
Oh, for crying out loud....!!! BFD! What do thy expect to get out of this... except bad press for Golith picking on a little pub. Not like she has a franchise or something, its a theme.
02:47 PM on 03/14/2012
Unfortunatly, the production company do have the right to sue her over this as wrong as it may sound. If she would have left the name as "The Hobbit" and not had the actual Lord of the Rings-esq theme inside, they wouldn't have had a leg to stand on but since the production company does infact own the rights to the triligy and the Hobbit stories, she would have had to request permission before naming and decorating her Pub. Without said permission, she will lose her case. Copyrights are tricky things and if not handled with care, they can ruin anyone!
06:06 AM on 03/15/2012
Having the right and following through on those "rights" are two diferent things.
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MyNinja
N.W.A. Ninjas With Aptitude
02:37 PM on 03/14/2012
Why sue when they could probably buy the whole block? She's doing no harm and why not have a Hobbit inspired Pub around? They should work out a deal.
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mcinnisja
Let's just assume you're wrong and drop it...
03:48 PM on 03/14/2012
I agree. A Hollywood endorsement and maybe a small subsidy would be wonderful publicity, but I guess not...
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nanaofmysky
Adopt from a rescue or shelter.
02:34 PM on 03/14/2012
Why cann't they just leave the pub owner alone. She is not hurting anyone. This is just free poblicity for the movie. How long has the pub had this name? Couldn't watch the video, it was blocked in my area.They, the movie people, should be happy with the attention the pub is bringing to the bools and movies. How did they find out about the pub in the first place?
02:34 PM on 03/14/2012
"The Habit"
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mcinnisja
Let's just assume you're wrong and drop it...
03:49 PM on 03/14/2012
The waitresses could dress as nuns.
02:27 PM on 03/14/2012
Tolkien didn't invent the word hobbit it was made in the writings of Michael Aislabie Denham (d.1859), printed in volume 2 of "The Denham Tracts" [ed. James Hardy, London: Folklore Society, 1895], a compilation of Denham's scattered publications. Denham was an early folklorist who concentrated on Northumberland, Durham, Westmoreland, Cumberland, the Isle of Man, and Scotland. Tolkien was born in 1892, so this word existed in folklore well before he was born.