UK wine company locked in ‘Hobbit’ trade mark battle with US film company

A Surrey based wine company, named Giraffe & Hobbit’ have been prevented from registering their company name as a trade mark by the US company Saul Zaentz who hold ‘Hobbit’ as a trade mark in relation to the film series.

Elise and Stuart Whittaker who own the wine business developed the name as a nod to their physical height differences.

Mrs Whittaker, who is a qualified barrister, is optimistic that they can battle against the opposion lodged with the UK IPO. She argues that the word is very common and is used for a number of things. She maintains that they are not interfering with the registered mark as they are trading in a completely separate industry. Speaking on the whole matter she said ‘The reason why we decided to trade mark it was because when we came up with name, we thought it was really good and wanted to protect it. We were both in agreement that if we didn’t trade mark it then anyone could use the name. It is such a common word; we really believe that we are going to come out with a good result”.

The Saul Zaentz Company have made comment on this issue reiterating that they are the legal owners of the ‘Hobbit’ trade mark which prevents any third party from using it unless they obtain a license carrying a fee.

A conclusion should be reached in the coming weeks as the couple have a hearing at the Intellectual Property Office in Newport on the 30^th March. Another case of a big corporation against a small company. Can Giraffe & Hobbit follow in the footsteps of Glee’s success seen last week. We will soon fine out.

By Ellis Sweetenham