Since the "Lord of the Ring (The Lord of the Rings) " Film series2011Since its release, New Zealand has always been "Middle-earth (Middle-Earth Enterprises) " pronoun. New Zealand's tourism industry and businessmen have become the author Tolkien (Tolkien) Fan of. 20After many years, People are concerned about "Lord of the Ring" Demand for surrounding goods and services is still higher than Mount Doom (Mount Doom) The fire is even hotter.

Middle-earth World Corporation Limited (Middle-Earth Enterprises, LLC) Is the owner of various intellectual property rights derived from Tolkien's works or related to them, These include things like "THE LORD OF THE RINGS" Etc. New Zealand registered trademark.

2001years6month, Food truck owner Jesse．Sherlock Holmes (Jesse Holmes) One piece was submitted "Winged King (LORD OF THE WINGS) " Application for trademark registration (Suitable for regulation43class) , Used to provide people with food and drink. merely, No one should cite Tolkien's work without authorization, So this application is in2021years10May was rejected.

The relevant authority is under section 1 of the Trade Marks Act17article1paragraphaThe decision was rejected, That is, because the trademarks of Middle-Earth enterprises have been known and known in advance, and have established their own reputation, So Holmes used "LORD OF THE WINGS" Trademarks may deceive or cause confusion to the public.

In defending himself, Although Holmes acknowledged that Middle-Earth Enterprises was indeed the owner of Tolkien's work and the trademarks associated with it, But he also denied it "LORD OF THE WINGS" with "THE LORD OF THE RINGS" The similarity of the two marks can cause confusion. meanwhile, Holmes also said pure use "LORD OF THE WINGS" The logo does not mislead the public into thinking that there is some connection between him and the services provided by Middle-Earth Enterprises, And such use is unlikely to harm Middle-Earth businesses.

Similarities between trademarks

When comparing the look and sound of a trademark, The Assistant Commissioner for the Record adopted such a principle, The most important thing is not the difference between the two trademarks, It's the similarities between them. The Assistant Commissioner considers that, The trademarks involved in the case are jointly owned "LORD OF THE" The phrase and the end of the last word, namelyRINGSandWINGS, It's similar on both visual and auditory levels. In addition, In light of the fascination with Tolkien's work and "Lord of the Ring" Understanding of film, although "LORD OF THE WINGS" Can imply a food that contains chicken wings, But it's also likely to be seen as true "THE LORD OF THE RINGS" Allusion to the title.

Similarities between services

The Assistant Commissioner noted that, right "THE LORD OF THE RINGS" The recognition of the logo mainly comes from related novels and movies, China World Corporation has provided little evidence to prove it "THE LORD OF THE RINGS" It is related to food and beverage service. however, For Middle-Earth enterprises, There was not much of a threat, Because of #17article1paragraphaThe purpose is clearly talked about "Public confusion arising from the use of the applicant's trademark, Regardless of the parties concerned, the goods and services are the same, Similar or completely different. "

conclusion

The Assistant Commissioner considers that, Use "LORD OF THE WINGS" Trademark to serve food and drink, The move is likely to arouse consumer suspicion "LORD OF THE WINGS" Whether there is any association or connection with Middle-Earth enterprises, Therefore, the trademark registration application was rejected.

In terms of legal costs, The Assistant Commissioner noted that, Due to Middle-Earth enterprises submitted a large number of inadequacies, Irrelevant and inadmissible evidence, So it reduced the damages in the lawsuit15%.

For brand owners, The main implications of this decision include: Under control17article1paragraphaTo determine whether there is a possibility of deception or confusion, Related goods and services do not have to be identical or similar; You need to make sure the evidence is relevant to the case and admissible, To avoid affecting the final amount of damages; And be careful when drawing inspiration from popular culture, Avoid making unauthorized references to or associations with other merchants' brands and reputations. (Be compiled fromwww. mondaq. com)

TRANSLATORS: Liu Peng　proofread: Wu Xian



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