‘Lord Of The Wings’ Food Truck Trademark In New Zealand Defeated By Tolkien Estate
‘Lord Of The Wings’ Food Truck Trademark In New Zealand Defeated By Tolkien Estate
Readers here shouldn’t need to be reminded that the Tolkien Estate, through its company Middle-Earth Enterprises, is known to be extremely aggressive with its enforcement of intellectual prop…
Per comments from Holmes himself, the idea for the name had nothing to do with Tolkien’s works, nor the movie. It was instead to denote royalty and lordship. I have seen nothing in any of the reporting to indicate that this had to do with anything other than the name of the food truck. The truck wasn’t going to be themed after the books or films. There wasn’t going to be any trade dress or vehicle wraps harkening back to those works of fiction. There wasn’t to be a flavor of chicken called “One wing to rule them all.”
So trademark holders being douchebags as usual. The Lord of the Rings isn't associated with chicken wings in anyway so how could consumers be confused?
I've also never understood things like this from a marketing perspective. Like this is definitely dissimilar, but even if it were an on the nose deal with like "Sauron Sauce" or whatever as one of their offerings, you're still getting recognition.
Even if the Tolkien estate were concerned about the cheapening of their "brand", who tf cares? It's obviously not about that, because I just checked and there is a line of LOTR Funko Pops for fuck's sake.
And if a work like The Lord of the Rings can't stand on its own (with regard to seriousness and artistic value) with the addition of kitschy wing trucks, I don't know what else would.
Seems like a win-win to me, but then again, I fucking hate trademarking and patenting laws in general. Intellectual property is a pretty spurious concept at best and courts around the world have consistently shown it is a tool used to quash innovation, promote stagnant wealth, and keep the heel on the middle and lower classes.
Like this is definitely dissimilar, but even if it were an on the nose deal with like “Sauron Sauce” or whatever as one of their offerings, you’re still getting recognition.
At least in US Intellectual Property Law there are rules for some areas that once you, as the rights holder, know of possibly infringement you must defend your IP or you risk losing it.
I think the Funko-pops are actually a good example of why they need to protect the trademark. What if the estate does want to start marketing wing sauces? What if they want to sponsor a hot wing eating contest? Or host an aerial stunt show? Would they need to split the proceeds with the guy who owns the food truck?
All of these ideas are stupid, and would cheapen the brand, but it's their brand. If they don't defend it, it makes future protections harder. If they don't fight Lord of the Wings, what about Lord of the Strings? Lord of the Springs? Slings? Things? Blings?
Brand dilution isn't just about the one narrow use case.
That argument would be more persuasive if it was "Lord of Wings."
Agreed.
Confusion isn't the only issue. There's also trademark dilution.
In law, dilution refers to the use of a trademark or trade name in commerce that is sufficiently similar to a famous mark that by association it confuses or diminishes the public's perception of the famous mark.
In dilution, confusion literally is the issue. The point is: literally fucking nobody would be confused.
Just ask Apple Music how well that went fighting Apple Computers for 40 fucking years or so.
It ended with Apple Music putting all the Beatles music catalogue on iTunes.
Nobody was ever confused about Apple Music and Apple Computers.
Just like nobody would be confused by this, considering it has no relation to LOTR other than a name.
So wait, is "Lord of" anything a violation of the copyright or is it just words that rhyme with "rings"?
Either way it seems pretty ridiculous.Michael flatley is fucked!
Simple, just rename the food truck Return of the Wing
Lawd of the Wings
The funny thing is Lord if the Rings is actually public domain in New Zealand as of January this year.
What about "Lord of the Fries"? If that one doesn't get shutdown then neither should this one.
That's for lots of the flies, though, less litigious as less commercilisation. I'm fact, keeping it in the public consciousness is likely to the published benefit.
Time to rename to "Token Wings" after the Token Ring network topology.
They probably want to, but it’s not their turn to ask yet.
Satire isn't protected in New Zealand?
Don't have much knowledge of NZ laws, but they certainly have a vested interest in keeping the Tolkien estate happy. Whether they have prior laws to support that, or there was pressure from the top in this case, it tracks that the lawsuit ended like this.
I don't think a food truck counts as satire. Satire is like the "Bored of the Rings" Lampoon book from the '70s, it actually had something to say regarding the material it was satirical of.
I may be underestimating the satirical capacity of a food truck, or maybe the legal definition of satire in NZ, but to me it's just a cheeky name.
Ehhh…I could see this if it was book or reading related or if they are using a Wizard or the like eating wings in their logo.
But otherwise this is a far stretch.
That's a great chicken truck name!
I want to say this was an obvious outcome. But I guess it is an unrelated industry. However I don't buy that you come up with lord of the wings and think that it's so original and so unrelated and so obviously has to do wth lordship and royalty.
If they come after Jason Donner Van there’ll be trouble.