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In a battle between a fantasy book franchise and an Australian vegan fast-food chain, who will be named “Lord of the” courtroom?
The rights holder of the Lord of the Rings novels and films, Middle-earth Enterprises, has launched another attack to take its precious title.
It follows an unsuccessful bid in March, where the franchise attempted to block an Australian vegan hamburger chain from trademarking the words “Lord of the” in its name.
Lord of the Fries has been selling items under its name since 2004 and sought to offer plant-based macaroni and cheese under the trademark in 2022.
The franchise was in New Zealand from 2016 until last June when its franchisor, Chip Lord NZ, went into liquidation.
The case came before a registrar of trademarks in the federal government agency, IP Australia.
Middle-earth argued it had been successful in other similar trademark applications made globally, and used the mark to sell various items including boardgames, clothing and toys.
[…] The registrar delegate, Nicholas Smith, found the names were not deceptively similar and that Middle-earth had cherry-picked evidence in suggesting the connection.
The matter has since been escalated to Sydney's Federal Court, after Middle-earth’s lawyers filed an appeal against the IP Australia decision on March 25.
[…] Justice Lee ordered both parties attend a mediation before June 20.
This reminds me of when everybody was having a go at Disney for not letting hospitals put Mickey Mouse on the kids’ walls. In that case Disney actually had a point. Allowing someone to use Mickey Mouse, no matter how well intentioned, sets a precedent. And besides, in those cases Disney would agree to a nominal fee, say one dollar, and maybe something like “The hospital thanks Disney for kindly permitting us …”
But getting back to Middle-earth and Lord of the Fries. I mean, seriously, how dumb can you get?
When I first saw “Lord of the Fries”, I didn’t think Lord of the Rings. I actually thought of that book by William Golding that got made into a movie. You know the one, Lord of the Flies.
Imagine how hilarious it would be if the estate of William Golding sued Lord of the Fries for trademark infringement of Lord of Flies.
If the case is not resolved through mediation, Justice Lee said he would assign the matter to a referee, who would then prepare a report for the decision.
“The reality is, I don’t have time to look at this matter this year,” he said.
Translation: ‘I can’t be bothered with this shit.’
