ellbrown
ell brown on Flickr
Managed to get a shot of the Hungry Hobbit - Sandwich Bar
Hungry Hobbit, 312 Wake Green Road, Moseley by ell brown, on Flickr
Hungry Hobbit, 312 Wake Green Road, Moseley by ell brown, on Flickr
Moseley cafe Hungry Hobbit threatened with legal action by JRR Tolkein's estate
OH, CRUMBS! A Birmingham cafe trading under the name of the Hungry Hobbit has been threatened with legal action if it doesn’t rebrand.
Lawyers representing the Estate of JRR Tolkien and The Saul Zaentz Company (SZC, trading as Middle-earth Enterprises) have offered to let the owner of the Wake Green Road cafe in Moseley “phase out any use of the name Hungry Hobbit with a reasonable time”.
But they said failure to do so would leave international law firm Edwards Wildman with “no alternative but to pursue all the remedies afforded by law”.
A letter entitled ‘Unauthorised Use of Hobbit’ was written by London practice partner John Olsen on October 25, 2011.
It said SZC had “used and licensed others to use the Hobbit mark, and other marks derived from the Hobbit books, in the UK and many other countries for decades”.
The letter continued: “Only those who qualify for a trademark licence may use Hobbit and other marks registered by SZC.”
Shop owner Wendy Busst said: “The name has been in used for about six years through two previous owners.
“I’ve only been here for six months and it’s my first business having worked in industrial and school catering.
“Instead of just being a sandwich shop, we’ve just been granted an A3 licence by the city council to enable more people to sit in eating home-cooked food.
“The letter came out of the blue and said we were a new cafe when we are not.
“I have emailed a letter back to them pointing this out, but I haven’t heard back.
“We are just a small cafe with a real community feel – everyone comes in here from care home staff to city council workers and police.
What a shame as the café has been trading with the name for 6 years and only recently changed hands. I hope they see sense and leave the café alone. Everyone is struggling at the moment and the cost of changing the name will effect the lady I am sure. Perhaps a gift to her to use the name would be a nice local gesture. I often sweep and clean the Tolkien family grave when I go to Key Hill without authorization...LOL
The name is Barnard - I have tried phoning them but they don't seem to be answering their phone.How interesting thanks for the info Bernard I wonder if the new owner knows this.
The database is now closed so can not check till tomorrow - They have registered several names but not sure that "Shire" is one on them.What about names such as the Shire Country Park?
Has the Company ever been to Sarehole?
As I said in an earlier post it does appear that SZC did not apply for a Trade Mark for "The Hobbit" until July 2007 for Class 43 (That covers cafés) this was registered in October 2009, the Hungry Hobbit pre-dates both of those dates as they have been trading since 2005.I wonder if they can enforce this Barnard as Hobbit is a word in the English dictionary.
The only problem with that idea is that the name "Middle Earth" is also registered for Class 43 on the same date as "The Hobbit"on a lighter note change the name to " the starving middle earth inhabitant",and on a serIous note do SZC really believe that us Brummies cannot distinguish a cafe from any other kind of building !
There is an article in the Sunday Times today (8/3/2015), by Alexander Goss, entitled "Tolkien haunt is Lord of the Suburbs". It states, "The leafy Birmingham suburb that was a childhood haunt of JRR Tolkien has been named the best place to live in Britain's cities. Moseley, which still attracts literary fans who want to see the landscape that inspired the author of The Hobbit and The Lord of the Rings, was described by Tolkien as a lost paradise. With its combination of a vibrant cultural scene, lively bars and restaurants and good-value housing, it has now come top of the urban list in the Sunday Times Best Places to Live in Britain guide for 2015. An acclaimed farmers' market is held once a month and a cosmopolitan mix of residents live in the red-brick Victorian terraces of arts and crafts homes". Remember, this category is for city/urban living. Dave.
Moseley Bog is more Wake Green/Hall Green than Moseley but there's an address on the Alcester Road I'd forgotten about that would count as Moseley.Hi Wam. Moseley Bog according to this article. Viv.
https://www.telegraph.co.uk/travel/...s-that-shaped-Tolkiens-Lord-of-the-Rings.html