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DiveTwin
Nargothrond
Oct 15 2008, 5:50pm
Post #1 of 17
(2489 views)
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“Hobbit” Domain Names Reclaimed by Tolkein Enterprises
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In a number of decisions issued by the WIPO Arbitration and Mediation Center, parties who registered domain names that contained the word "hobbit" were required to relinquish their ownership of these registered domain names in favor of the company operating as Tolkein Enterprises. Following, there is an illustration of WIPO panel's position on these cases.
The Saul Zaentz Company, doing business as Tolkein Enterprises ("Tolkein Enterprises") holds exclusive rights in marks related to the late Professor J.R.R. Tolkein's works, "The Hobbit" and "The Lord of the Rings." Tolkein Enterprises has used its trademark registrations in Tolkein"s works since 1960s. Among such registrations are those for the marks "THE HOBBIT" and "HOBBIT," where these marks were registered in the United States and in other countries throughout the world. Tolkein Enterprises claims to have actively promoted these marks ever since it obtained rights therein. For example, the famous motion pictures based on the trilogy "The Lord of the Rings" were produced under the license of Tolkein Enterprises.
Read the rest here:
http://www.ibls.com/...testnews&id=2156
"Do not come between the Nazgul and his prey"
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DiveTwin
Nargothrond
Oct 15 2008, 7:25pm
Post #3 of 17
(1721 views)
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Or is this applicable to business and enterprises with the word. For example, a local travel agent here in Minneapolis just won the right to keep it's name Hobbit Travel.
If it can keep it's name, does that mean it can't use Hobbit Travel for it's web address?
As with any legal situation, the devil is in the details. In reading the story, it appears that it would have to be considered a "bad faith" use of the name in order to draw people to a website. For example, "hobbit.com" is already owned by TE but others have tried "hobbits.com" or used it in ways like "sex-hobbit.com" or "drunkenhobbit.com" which is both bad faith and potential damaging to the family-oriented use of the term as it was intended by Tolkien. So if a site wants to get traffic and cash in on the term "hobbit" it's not suppose to be allowed.
Which would initially indicate that it couldn't be used here - except that is the actual name of the business and it has won it's right to keep the name. So the argument could be made that it's not a bad-faith attempt to cash in; it's the actual name of the company that is now accepted. And I suppose other situations might be ignored by the TE depending on how it's used (if they so chose). Although I would bet they would chose to shut just about everyone down that uses the term.
"Do not come between the Nazgul and his prey"
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DiveTwin
Nargothrond
Oct 15 2008, 8:28pm
Post #5 of 17
(1832 views)
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LOL - well, we've done this to each other here and there, my friend. I was just hoping I was posting it under the right topic!
BTY - your title is MUCH better .... 
"Do not come between the Nazgul and his prey"
(This post was edited by DiveTwin on Oct 15 2008, 8:29pm)
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rootieboy
Lindon
Oct 15 2008, 8:40pm
Post #6 of 17
(1713 views)
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Nothing is free to use these days. It's all law suits and greed
I hope for all things that are good
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Ataahua
Forum Admin
/ Moderator
Oct 15 2008, 9:10pm
Post #8 of 17
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(Not much sleep last night.)
And here's your headline, for posterity:
If you've got a hobbit in your sites, Tolkien Ents may get hasty on your sorry assets...
Celebrimbor: "Pretty rings..."
Dwarves: "Pretty rings..."
Men: "Pretty rings..."
Sauron: "Mine's better."
"Ah, how ironic, the addictive qualities of Sauron’s master weapon led to its own destruction. Which just goes to show, kids - if you want two small and noble souls to succeed on a mission of dire importance... send an evil-minded b*****d with them too." - Gandalf's Diaries, final par, by Ufthak.
Ataahua's stories
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rootieboy
Lindon
Oct 15 2008, 10:16pm
Post #9 of 17
(1691 views)
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You have a good point. There are so many sites that take advantage of the name even degrade it.
I hope for all things that are good
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Elven
Doriath
Oct 16 2008, 4:05am
Post #10 of 17
(1636 views)
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Were off to Hobbiton finally!
Tolkien was a Capricorn!!
Russell Crowe for Beorn!!
Avatar: Liberace - The other Lord of the Rings.
Quote of The Week: A I LOVE cats and I love TV. And I love to watch cats on TV. Ron Perlman
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grammaboodawg
Elvenhome
Oct 16 2008, 9:16am
Post #11 of 17
(1741 views)
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Does this mean I have to give up my license plate?
"Barney Snow was here." ~Hug like a hobbit!~ "In my heaven..."
I really need these new films to take me back to, and not re-introduce me to, that magical world.
TORn's Observations Lists
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grammaboodawg
Elvenhome
Oct 16 2008, 9:17am
Post #12 of 17
(1651 views)
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"Barney Snow was here." ~Hug like a hobbit!~ "In my heaven..."
I really need these new films to take me back to, and not re-introduce me to, that magical world.
TORn's Observations Lists
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dernwyn
Forum Admin
/ Moderator
Oct 16 2008, 10:32am
Post #13 of 17
(1655 views)
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That is just soooo bad! ;-D //
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"I desired dragons with a profound desire"
"It struck me last night that you might write a fearfully good romantic drama, with as much of the 'supernatural' as you cared to introduce. Have you ever thought of it?"
-Geoffrey B. Smith, letter to JRR Tolkien, 1915
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Elven
Doriath
Oct 16 2008, 10:32am
Post #14 of 17
(1640 views)
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When the Tolkien Police spot you ...
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drive like you have the Nazgul on your tail 
I lurv your number plates!! 
So Im wondering also if the scientists have to re-name their 'Hobbit' species now as well?
Cheers
Elven
Were off to Hobbiton finally!
Tolkien was a Capricorn!!
Russell Crowe for Beorn!!
Avatar: Liberace - The other Lord of the Rings.
Quote of The Week: A I LOVE cats and I love TV. And I love to watch cats on TV. Ron Perlman
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DiveTwin
Nargothrond
Oct 16 2008, 1:54pm
Post #15 of 17
(1637 views)
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Love the license plate and the pic, Grammaboodog. When that certified letter comes in the mail....burn it!
"Do not come between the Nazgul and his prey"
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Peredhil lover
Doriath
Oct 16 2008, 3:47pm
Post #16 of 17
(1640 views)
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You don't make money with it, after all, and I think that is the point. If you'd sell these license plates, that would be a different matter.
I do not suffer from LotR obsession - I enjoy every minute of it.
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bowencm
Ossiriand
Oct 16 2008, 6:21pm
Post #17 of 17
(1626 views)
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Man o' man, are they going to take down everything that has the word, "Ring," in it next? Chriky, do they KNOW how many web domains exist out there with the word, "Hobbit," in them? Whoops, I shouldn't have said, "Hobbit," in this post because I'll be next. ACK, I said, "Hobbit," again! Oh no, I said it again!!! HELP!!!
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