tag:blogger.com,1999:blog-5574479.post1454256559836492731..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Giant hobbit threat to student drinkersVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-16459805847401189872012-03-15T06:57:39.042+00:002012-03-15T06:57:39.042+00:00Could we see a decision much like BUDWEISER - that...Could we see a decision much like BUDWEISER - that in light of the use there is no damage to the origin function?<br /><br />If they have been trading that long then they probably had passing off rights as at the time of the CTM for THE HOBBIT... invalidity action time?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-44573352504726708702012-03-14T12:30:08.849+00:002012-03-14T12:30:08.849+00:00It really doesn't help that they seem to be us...It really doesn't help that they seem to be using the likeness of the characters from the films in their advertising... http://www.thehobbitpub.co.uk/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76466584702707941812012-03-14T08:20:55.438+00:002012-03-14T08:20:55.438+00:00According to Wikipedia the word "hobbit"...According to Wikipedia the word "hobbit" itself was not created by Tolkien himself, so that would preclude a copyright claim. Also several names (like Gandalf) are not created by Tolkien but originate from Nordic sources. <br /><br />Invalidity of the TMs due to non-use would be nice, at least emotionally.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-63391233922238913092012-03-13T21:11:19.029+00:002012-03-13T21:11:19.029+00:00Hi Jeremy--if memory there was a similar TM case S...Hi Jeremy--if memory there was a similar TM case Stateside some years ago here. <br /> <br />BROOKLYN DODGERS Bar & Restaurant was sued by Major League Baseball in US federal court for trademark infringement but their registered trademark rights for the pertinent services and products had a time gap which gave the bar constructive priority/senior common law rights. The Bar ultimately prevailed, I believe, as i believe might the pub. on that issue. However, the current case's media coverage is unclear that the IP issues raised are only only trademark--copyright is cited also and I am not sure that helps the pub. If true and not merely media inaccuracies it was clever of the claimant attorneys who must have correctly anticipated the reputation argument as making the TM claim weak. On the other hand--forgive my ignorance--the pub's been doing this for a long time--in the States I believe there would be a laches defense. <br /> <br />It would have been much wiser to give the pub a license and use THAT as proof of policing at least as far as the trademarks' goodwill is concerned. i always thought policing trademarks which are symbols of goodwill in a manner that hurts that goodwill was counterproductive.Steven M. Getzoffnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55375236691720708042012-03-13T20:26:55.973+00:002012-03-13T20:26:55.973+00:00It is curious that 20 years is enough to establish...It is curious that 20 years is enough to establish a right over someone else's land, and 12 years could extinguish a right to unregistered land, but there doesn't seem (as far as I know) to be an analogous position with respect to intellectual property rights, particularly of the unregistered kind.<br /><br />Has anyone tried to run a "lost modern grant" argument?Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.com