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Tolkien's Birmingham

barnard

knowlegable brummie
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
This story is being covered on the Re~Stirred Forum my research shows that the Registered Trade Mark is dated 07th October 2009.

I am no intellectual Property lawyer but it seems that on the face of it as the Hungry Hobbit Café has been trading for six years this pre-dates
the registration and therefore can not be enforced, this also explains why action has not be taken against other Hobbit cafés around the world.

SEE Thread "Hobbit Threaten with Legal Action" @
https://www.restirred.com/forum/viewtopic.php?f=3&t=2013

Barnardhobbit


 
W

Wendy

Guest
How interesting thanks for the info Bernard I wonder if the new owner knows this.
 

barnard

knowlegable brummie
What about names such as the Shire Country Park?

Has the Company ever been to Sarehole?
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.
The company is based in California USA and their British Lawyers in London I doubt they even been to Birmingham let alone Moseley Bog or Sarehole.

My view is that considering there are several Hobbit Cafés they are just tying in on as they believe this is a new use of the name post them
registering the Trade Mark which I said earlier is not the case

P.S I intend using your photo of the closed shop on the RE~Stirred Forum for an update if you don't mind.

Re~Stirred Forum Link https://www.restirred.com/forum/viewtopic.php?f=3&t=2013
 

barnard

knowlegable brummie
The BBC is now reporting this story Hungry Hobbit cafe told to change name this has got to be a case of a Big Corporation bullying the Little Local Café.
(See Quote Below)

In a letter - headed "Unauthorised Use of Hobbit" - SZC's lawyers requested the cafe "phase out" the use of the name
on menus, websites, signs and "other materials on which the Hobbit mark or related marks have been displayed".

It stated "only those who qualify for a trademark licence may use Hobbit and other marks registered by SZC"

The letter goes on to say that use of the name Hobbit "is likely to cause confusion, mistake or deception among
prospective purchasers, who are likely to believe that your business is licensed, authorised, sponsored or endorsed by SZC".

It added that use of the name "takes unfair advantage of, and is detrimental to the reputation of SZC's Hobbit mark".

See also Re~Stirred Form : Hobbit Threaten with Legal Action



 
W

Wendy

Guest
I wonder if they can enforce this Barnard as Hobbit is a word in the English dictionary.
 

barnard

knowlegable brummie
I wonder if they can enforce this Barnard as Hobbit is a word in the English dictionary.
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.

Although I am not an expert but I would think that they can not be in breach of Trade Mark Law and therefore its unenforceable.
 

ed smith

master brummie
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 !
 

barnard

knowlegable brummie
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 !
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"

I was speaking with the guy that did the sign-writing for the shop by chance at the weekend, he suggested that if need be he could easily change the "O" in Hobbit to an "A" making it the "HUNGRY HABBIT" - although that would introduce a spelling error.
 

Old Brum boy

New Member
I remember meeting Tolkiens son (in the late 60's), who was a priest, somwhere around the Balsall Heath area if I my memory serves me correct.
Unfortunately he was not a very nice man or priest and I only ever talked to him once or twice.
Went mass somewhre else after that.
I wonder if that had anything to do wth Tolkiens displaced memory of B'mam?
 

buzzeebee

New Member
Tolkien attended King Edward's School when he arrived in Birmingham but was removed to save money in the family. In April 1902 he started at St Philips School next to the Oratory. He only stayed one term or so because after coaching by his mother he got a free scholarship back to King Edward's and started back in 1903.
 

farmerdave

master brummie
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.
 

paul stacey

master brummie
So many of those "leafy suburbs" around Birmingham in the 50's mainly were to die for, beautiful large old houses with lovely gardens quite leafy avenues. Sublime. paul
 

wam

master brummie
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.
Curiously they decide to attach Tolkien to Moseley. The historical stuff I've seen on him seems to cover anywhere but. There's a lot in Hall Green (Sarehole Mill, the cafe, the library). Someone who does presentations on Tolkien's life uses a lot of photos of the country beyond Kings Heath if I remember correctly. There are the towers by the reservoir and one of his schools in Edgbaston. I'm not sure what Moseley's claim is.
 
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