kirsten c. jackson - hollywoodreporter.com novel – the hobbit: an unexpected journey, the hobbit:...

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1 JENNR & BLOCK LLPAndrew J. Thomas (SBN 159533)

2 [email protected] M. Alemi (SBN 255836)

3 [email protected] C. Jackson (SBN 265952)

4 [email protected] WesfFifth Street, Suite 3600

5 Los Angeles, CA 90071Telephone: (213) 239-5100

6 Facsimile: (213) 239-5199

7 Attorneys for PlaintiffsWARER BROS. ENTERTAINMNT

8 INC., NEW LINE CINEMA LLC, NEWLINE PRODUCTIONS, INC., METRO-

9 GOLDWY-MA YER STUDIOS INC.,and Tlf SAUL ZAENTZ COMPANY

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WARNR BROS. .. ~leiZ.: 09 54zi~((~JENTERTAINMENT INC., a Delaware 7COlJoration; NEW LINE CINEMA COMPLAINT FOR:LLC, a Delaware limited liabilitycomJ=any; NEW LINEPRODUCTIONS, INC., a Californiacorporation; METRO-GOLDWY-MAYER STUDIOS INC., a DelawarecOrPoration; and Tlf SAUL ZAENTZCOMP ANY, a Delaware corporation,

Plaintiffs,

111 TRADEMARKNFRINGEMENT (15 U.S.C. § 1114)

f21 FALSE DESIGNATION OFORIGIN (15 U.S.C. § 1125)

f3) TRADEMARK DILUTION (15D.S.C. § 1125)

f4) FALSE ADVERTISING (15D.S.C. § 1125)

f51 COMMONLAWUNFAIRCOMPETITION

f61 VIOLATION OF CAL. BUS. &PROF. CODE § 17200 -

f71 VIOLATION OF CAL. BUS. &PROF. CODE § 17500

fSl VIOLATION OF CAL. BUS. &PROF. CODE § 17247

DEMAND FOR JURY TRIAL

v.

Tlf GLOBAL ASYLUM INC. (akaThe Asylum), a California corporation,

Defendant.

COMPLAINT

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Plaintiffs Warner Bros. Entertainment Inc. (“Warner Bros.”), New Line

Cinema LLC, New Line Productions, Inc. (together with New Line Cinema LLC,

“New Line”), Metro-Goldwyn-Mayer Studios Inc. (“MGM”), and The Saul Zaentz

Company d/b/a Middle-Earth Enterprises (“SZC” ) bring this action against

defendant The Global Asylum Inc. (“The Asylum”) for injunctive relief and

damages and allege as follows:

NATURE OF THE ACTION

1. This action arises out of defendant The Asylum’s knowing and willful

infringement of Plaintiffs’ rights with respect to the beloved, world-famous novels

The Hobbit and The Lord of the Rings trilogy by J.R.R. Tolkien, the Academy

Award-winning, blockbuster motion picture trilogy The Lord of the Rings, and a

series of three soon-to-be released motion pictures based on the Tolkien novel The

Hobbit (the “Hobbit Films”). In a deliberate effort to profit from consumer

confusion, The Asylum is advertising and promoting for sale a low-budget

knockoff DVD titled Age of the Hobbits (the “Infringing DVD”).

2. Plaintiffs own the exclusive rights to produce and distribute motion

pictures based on the classic literary works of Professor J.R.R. Tolkien entitled The

Lord of the Rings, The Two Towers, and The Return of the King (known as the

“Lord of the Rings trilogy”) and The Hobbit, fantasy stories that follow the

adventures of fictional creatures called “Hobbits.” The events in The Hobbit and

The Lord of the Rings trilogy take place during a time that the books refer to as the

“Third Age” of Middle-earth, and result in the passing of the Third Age into the

Fourth Age. Tolkien’s novel The Hobbit is one of the bestselling books of all time,

and people throughout the world associate the fanciful term and title “Hobbit” with

Tolkien’s works and with the imaginary world of Middle-earth that he created.

3. Plaintiff New Line created, distributed and owns copyright interests in

the enormously successful The Lord of the Rings film trilogy, which grossed

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$3 billion at box offices worldwide and won 17 Academy Awards. Plaintiffs are

creating and will soon distribute three additional films based on Tolkien’s The

Hobbit novel – The Hobbit: An Unexpected Journey, The Hobbit: The Desolation

of Smaug, and The Hobbit: There and Back Again. All three films are being

directed, co-written, and produced by Academy Award-winning filmmaker Peter

Jackson, who also directed the Lord of the Rings motion picture trilogy. All of

these titles contain the fanciful term “Hobbit,” and Plaintiffs have used and

continue to use marks associated with that fanciful term, including “HOBBIT” and

“THE HOBBIT” to brand the films and related licensed merchandise. The films

have been the subject of extensive pre-release publicity and millions of consumers

are awaiting the December 14, 2012 release of the first film.

4. Plaintiff SZC owns the worldwide trademark and merchandising

rights in the names of characters, places, events, and things in Tolkien’s books The

Hobbit and the Lord of the Rings trilogy. Plaintiffs SZC, New Line, and Warner

Bros. have collaborated for many years in licensing others to use trademarks and

service marks derived from The Hobbit and the Lord of the Rings trilogy. Plaintiff

SZC also owns exclusive rights to the famous registered trademarks “HOBBIT”

and “THE HOBBIT” for use on and in association with various entertainment

products and services, including DVDs, computer games, video games, board

games, figurines, posters, as well as other goods and services. Not only is the

HOBBIT mark central to the content, promotion and advertising of The Lord of the

Rings and The Hobbit films, Plaintiffs and their related companies also have used

the HOBBIT mark on a wide variety of goods and services in connection with their

highly successful worldwide merchandising programs.

5. The Asylum is in the business of producing low-budget knockoffs

(which it calls “mockbusters”) of major motion pictures, which The Asylum

markets to the public at or around the time the major studio film that it is knocking

off is playing in theaters. In this case, The Asylum has been and is promoting and

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advertising its low-budget film using the confusingly similar and misleading title

Age of the Hobbits, in an intentional and willful attempt (i) to trade on the

popularity and goodwill associated with the Tolkien novels, the extraordinarily

successful Lord of The Rings film trilogy, and the famous HOBBIT mark, (ii) to

free-ride on the worldwide advertising campaign in connection with the

forthcoming Hobbit Films, and (iii) to divert customers and potential customers

away from the Hobbit Films.

6. The Asylum’s advertising for its low-budget knockoff also has been

and is confusingly similar to advertising for and images from the Plaintiffs’

copyrighted films and trademarked products, including the font and style in which

the titles appear and the overall look and feel of the images depicted in the artwork

and packaging. According to its own website, The Asylum intends to release its

knockoff movie Age of the Hobbits on December 11, 2012 – only three days prior

to the December 14, 2012 theatrical release date for the first of the Hobbit Films,

The Hobbit: An Unexpected Journey.

JURISDICTION AND VENUE

7. This is a civil action against The Asylum for trademark infringement

in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114, false designation

of origin and false advertising in violation of Section 43(a) of the Lanham Act,

15 U.S.C. § 1125(a), trademark dilution under Section 43(c) of the Lanham Act,

15 U.S.C. § 1125(c), and violations of California statutory and common law.

8. This Court has subject matter jurisdiction over this matter pursuant to

15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338 in that it involves an action

arising under the federal Lanham Act.

9. Defendant The Asylum is subject to personal jurisdiction in the State

of California because it is a California corporation that has its main office in

Burbank, California, and because it conducts substantial business operations in this

judicial district.

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10. Venue is proper in this judicial district pursuant to 28

U.S.C. §§ 1391(b) and (c) and 28 U.S.C. § 1400(a) because Plaintiffs’ claims arise

in this judicial district and defendant The Asylum may be found in this judicial

district and is subject to personal jurisdiction in this judicial district.

THE PARTIES

11. Plaintiff Warner Bros. is a Delaware corporation with its principal

place of business at 4000 Warner Boulevard, Burbank, California. Warner Bros. is

an internationally-known motion picture studio which produces and distributes

motion pictures in the United States and around the world. Examples of films

produced and distributed globally by Warner Bros. and its subsidiary companies

include the well-known and highly successful Dark Knight, Harry Potter, and

Sherlock Holmes film franchises. Together with New Line, Warner Bros. owns

exclusive rights to distribute the Hobbit Films in the United States and, together

with New Line and MGM, owns the exclusive rights to distribute the Hobbit Films

in various territories around the world.

12. Plaintiff New Line Cinema LLC is a Delaware limited liability

company, with its principal place of business at 116 North Robertson Blvd., Los

Angeles, California, and is a wholly owned subsidiary of Warner Bros. Plaintiff

New Line Productions, Inc. is a California corporation, with its principal place of

business at 116 North Robertson Blvd., Los Angeles, California, and is a wholly

owned subsidiary of New Line Cinema LLC. New Line Cinema LLC (together

with New Line Productions, Inc., “New Line”) is an internationally-known motion

picture studio which produces motion pictures in the United States and around the

world. New Line produced and distributed the highly successful Lord of the Rings

motion picture franchise, as well as numerous other well-known and highly

successful films. Together with Warner Bros., New Line owns the exclusive rights

to distribute the Hobbit Films in the United States and, together with Warner Bros.

and MGM, owns the exclusive rights to distribute the Hobbit Films in various

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territories around the world.

13. Plaintiff MGM is a Delaware corporation, with its principal place of

business at 245 N. Beverly Drive, Beverly Hills, California. MGM is an

internationally-known motion picture studio which produces and distributes

motion pictures in the United States and around the world. Examples of films

produced and distributed globally by MGM include the well-known and highly-

successful Rocky, Pink Panther, and James Bond film franchises. Together with

New Line and Warner Bros., MGM owns the exclusive rights to distribute the

Hobbit Films in various territories around the world.

14. Plaintiff SZC is a Delaware corporation, with its principal place of

business at 2600 Tenth Street, Berkeley, California. SZC owns the exclusive

worldwide motion picture and merchandising rights for the J.R.R. Tolkien books

The Hobbit and the Lord of the Rings trilogy, as well as the exclusive trademark

rights in the names of characters, places, events and things in these books,

including the HOBBIT mark. SZC has registered the HOBBIT mark and related

marks with the United States Patent and Trademark Office and in many other

countries. It has licensed exclusive motion picture rights in the Lord of the Rings

trilogy to New Line and exclusive motion picture rights in The Hobbit novel to

New Line and MGM.

15. Plaintiffs are informed and believe, and on that basis allege, that

defendant The Asylum is a California corporation having its principal place of

business at 72 East Palm Avenue, Burbank, California.

THE HOBBIT AND THE LORD OF THE RINGS NOVELS

16. The Hobbit is a fantasy novel by Professor J.R.R. Tolkien, first

published in the 1930s. It was an instant success and remains highly popular to

this day, with an estimated 100 million copies sold in more than 40 languages.

17. The Lord of the Rings trilogy is a three-volume fantasy novel also

written by J.R.R. Tolkien and published in the 1950s. The sequel to The Hobbit¸

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the Lord of the Rings trilogy comprises three individual volumes entitled The

Fellowship of the Ring, The Two Towers, and The Return of the King. Tolkien’s

classic The Lord of the Rings trilogy has become one of the best-selling novels

ever written, with over 150 million copies sold worldwide.

18. The Hobbit and the Lord of the Rings trilogy are referred to in this

Complaint collectively as the “Tolkien Works.” The Tolkien Works are among the

most well-known, popular and beloved series of literary works of all time. Each of

the Tolkien Works became enormously popular soon after publication, each is

currently in print in the United States, and each has been in print continuously

since its initial publication date. More than 60 printings of The Hobbit and more

than 50 printings of the Lord of the Rings trilogy have been published. More than

45 million copies of the Tolkien Works have been sold in the United States alone.

19. The term “Hobbit” was created by Professor Tolkien to describe the

fanciful characters first featured in his novel The Hobbit and later in the Lord of the

Rings trilogy. The leading (and title) character of The Hobbit is a Hobbit named

Bilbo Baggins. The leading character of The Lord of the Rings trilogy is a Hobbit

named Frodo Baggins, the nephew of Bilbo Baggins.

20. Because of the enormous and enduring popularity enjoyed by the

Tolkien Works, the fanciful term “Hobbit” has become widely known among the

consuming public to indicate the distinctive fantasy characters created by Professor

Tolkien as portrayed in the Tolkien Works and in the Lord of the Rings and

Hobbit motion pictures. Substantial goodwill has developed in the term “Hobbit”

as referring to the characters in the Tolkien Works, the Lord of the Rings films, and

the Hobbit Films and, furthermore, to the goods and services offered by Plaintiffs

and their predecessors in connection with the those books and films. The marks

THE HOBBIT and HOBBIT, alone or in combination with other words

(collectively, the “HOBBIT Marks”) are inherently distinctive and are inextricably

connected to the Tolkien Works, to the Lord of the Rings and Hobbit films, and to

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the goods and services offered by SZC and/or its licensees related to the Tolkien

Works as well as the Lord of the Rings and Hobbit films.

21. For more than 30 years, SZC and its predecessors have held the right

to use and license others to use marks derived from the Tolkien Works including,

without limitation, the titles of each of the Tolkien Works and the names and visual

representations of the characters, places, objects, and events described in the

Tolkien Works, including without limitation the HOBBIT Marks. SZC also holds

exclusive, worldwide theatrical motion picture and live stage production rights in

and to the Tolkien Works, as well as the right to sell merchandise and provide

services in connection with such film and stage productions and to license others to

do so as well.

LICENSING OF THE HOBBIT MARKS

22. Beginning in at least the mid-1970s, SZC established, and has

continued to maintain, successful worldwide licensing programs to promote

merchandise and other goods and services based on the Tolkien Works, as well as

on the films and stage adaptations thereof produced or licensed by SZC. As part of

this program, SZC and its licensees have aggressively promoted the HOBBIT

Marks through numerous channels of trade. SZC has used, and licensed others to

use, the HOBBIT Marks in connection with a wide variety of commercial goods

and services.

23. In addition to its substantial common law rights, SZC is the lawful

owner of numerous registrations and applications for the HOBBIT Marks, in

connection with various goods and services. Among other things, these goods and

services include DVDs, video games, computer game software, and pre-recorded

CD-ROMs featuring fantasy games, board games, lithographic prints, fantasy films

and music.

24. Among other federal trademark registrations, SZC owns Registration

No. 2,949,370 for THE HOBBIT (issued on May 10, 2005), Registration

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No. 1,230,026 for HOBBIT (issued on March 8, 1983), Registration No. 2,897,941

for HOBBIT (issued on October 26, 2004), and Registration No. 2,976,573 for

HOBBIT (issued on July 26, 2005). These registrations all are valid, subsisting,

and incontestable. SZC also owns Registration No. 3,245,235 for THE HOBBIT

(issued on May 22, 2007), Registration No. 3,938,229 for THE HOBBIT (issued

on March 29, 2011), Registration No. 3,981,769 for THE HOBBIT (issued on June

21, 2011), and Registration No. 4,187,873 for THE HOBBIT: AN UNEXPECTED

JOURNEY (issued on August 7, 2012). These registrations all are valid and

subsisting. True and correct copies of these trademark registrations and related

records, as printed out from the website of the United State Patent and Trademark

Office, are attached hereto as Exhibit A and incorporated by reference.

25. In addition, SZC has applied to register the titles of each of the three

Hobbit Films on an intent-to-use basis in Class 9 for, among other things, pre-

recorded DVDs featuring fantasy films, fantasy games and/or cartoons, and in

Class 41 for entertainment services, in connection with providing online electronic

games and interactive videogames over the Internet. In February 2012, the

Trademark Office issued Notices of Allowance for THE HOBBIT: AN

UNEXPECTED JOURNEY (Serial Nos. 85350515 and 85350688) and Notices of

Allowance for THE HOBBIT: THERE AND BACK AGAIN (Serial Nos.

85348202 and 85348380). SZC has a pending application to register the third title

THE HOBBIT: THE DESOLATION OF SMAUG (Serial No. 85736834).

THE LORD OF THE RINGS FILMS

26. Pursuant to licenses from SZC, New Line and its affiliates (now

subsidiaries of Warner Bros.) developed, produced, and distributed the Lord of the

Rings motion picture trilogy.

27. The Lord of the Rings film trilogy received widespread praise for its

innovative computerized special effects. Considered to be one of the largest and

most ambitious motion picture projects ever undertaken, the Lord of the Rings film

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series took eight years to produce.

28. New Line has spent more than $150 million advertising the Lord of

the Rings films worldwide. Since at least 2001, New Line has continuously used a

distinctive title design in promoting and advertising The Lord of the Rings films

and merchandise. This distinctive title design is shown below and is comprised of

an “ALL CAPS” title with reflective gold characters and pronounced serifs:

29. The Lord of the Rings film trilogy consists of three live action,

fantasy adventure motion pictures based on The Lord of the Rings novels, all

directed by Peter Jackson – The Lord of the Rings: The Fellowship of the Ring,

released theatrically in December 2001; The Lord of the Rings: The Two Towers,

released theatrically in December 2002; and The Lord of the Rings: The Return of

the King, released theatrically in December 2003. Like the books, the New Line

Lord of the Rings film trilogy features leading Hobbit characters, including Bilbo

Baggins (the title character from The Hobbit) and his nephew, Frodo Baggins.

30. The Lord of the Rings film trilogy has been one of the most acclaimed

and successful film series of all time. Each film in the Lord of the Rings series is

among the all-time top grossing motion pictures in the United States and abroad.

31. The first film of the trilogy, The Lord of the Rings: The Fellowship of

the Ring, has had theatrical grosses of approximately $315 million in the United

States and over $871 million worldwide. The Lord of the Rings: The Fellowship of

the Ring received four Golden Globe nominations, including for Best Picture

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Drama and Best Director, and 13 Academy Award nominations, including

nominations for Best Picture and Best Supporting Actor, and received four

Academy Awards.

32. The second film of the trilogy, The Lord of the Rings: The Two

Towers, has had theatrical grosses of approximately $341 million in the United

States and over $926 million worldwide. The Lord of the Rings: The Two Towers

received two Golden Globe nominations, including for Best Picture Drama and

Best Director, and six Academy Award nominations, including a nomination for

Best Picture, and received two Academy Awards.

33. The third and final film of the trilogy, The Lord of the Rings: The

Return of the King, has had theatrical grosses of approximately $377 million in the

United States and more than $1 billion worldwide. The Lord of the Rings: The

Return of the King received four Golden Globe nominations and four awards,

including for Best Picture (Drama), Best Director, Best Original Score and Best

Original Song. The Lord of the Rings: The Return of the King received 11

Academy Award nominations and 11 Academy Awards, including in the

categories of Best Picture, Best Director and Best Adapted Screenplay.

THE HOBBIT FILMS

34. The Hobbit Films are a soon-to-be-released film trilogy consisting of

three fantasy adventure films based on J.R.R. Tolkien’s novel The Hobbit.

Directed by Peter Jackson, the Hobbit Films are the much-anticipated prequels to

the Lord of the Rings motion picture franchise. As in the Hobbit novel, the

protagonist of the Hobbit Films is another Hobbit by the name of Bilbo Baggins.

The first film in the trilogy – The Hobbit: An Unexpected Journey – is scheduled to

be released in theaters in the United States on December 14, 2012.

35. Pursuant to a license from SZC, Warner Bros. will license and

distribute the famous HOBBIT Marks on a wide variety of merchandise sold in the

United States that is related to the upcoming Hobbit motion picture trilogy,

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including DVDs, computer game software, video game software, lithographs,

board games, figurines, and other goods.

36. In anticipation of the Hobbit Films’ theatrical release, Warner Bros.

under license from SZC, has invested significant time, effort and money in

promoting and marketing the first of the Hobbit Films in the United States and

around the world using the registered HOBBIT Marks.

37. Warner Bros. has used the same distinctive title design from the Lord

of the Rings film franchise in the promotion and advertising for the new Hobbit

Films franchise. This distinctive title design is comprised of an “ALL CAPS” title

with slender, reflective gold characters and pronounced serifs, which links the new

Hobbit Films franchise with its highly-successful predecessor:

38. Among other promotional efforts, Warner Bros. has launched an

Internet website devoted to promoting the first of the Hobbit Films

(www.thehobbit.com). The website, which is accessible worldwide, includes a

synopsis of the film’s story, movie trailers, and a gallery of images from the film.

The HOBBIT Marks and the distinctive title design are featured prominently on

the website.

39. Warner Bros. also has promoted the Hobbit Films through various

social media, including a Facebook page devoted to the first film

(www.facebook.com/TheHobbitMovie), a Twitter page devoted to the Hobbit

Films (@TheHobbitMovie), and a “Hobbit Movies” smartphone application

(“app”) available for free through iTunes. The fanciful HOBBIT Marks and the

distinctive title design are featured prominently on the Facebook page, the

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smartphone app, and in images posted on the official HobbitMovie Twitter page.

40. Warner Bros. has released three theatrical trailers for the first of the

Hobbit Films – in December 2011, June 2012, and September 2012 – each of

which has been viewed by audiences in thousands of theaters across the United

States. These trailers also have been distributed through iTunes, YouTube,

Facebook, and the Hobbit movie website and have been viewed by millions of

consumers. In addition, Warner Bros. has produced and will continue to produce

numerous print and television advertisements to run through and after the theatrical

release, all of which will contain the distinctive HOBBIT Marks and distinctive

title design.

41. Numerous magazines, newspapers, and Internet websites have

reported on the development and production of the Hobbit Films using the

HOBBIT Marks to refer to the Hobbit motion pictures produced by New Line and

Warner Bros.

42. As a result of enduring popularity of the Tolkien Works, the

extraordinary critical and commercial success of the Lord of the Rings film

franchise, the longstanding and widespread use of the HOBBIT Marks in

commerce, Warner Bros.’ extensive marketing efforts with respect to the

upcoming Hobbit Films, and the resulting worldwide media coverage of those

films, the fanciful and distinctive HOBBIT Marks also have acquired substantial

secondary meaning with respect to the titles of the forthcoming Hobbit Films.

THE ASYLUM’S INFRINGING DVD

43. The Asylum is a film production company whose business model is

based on confusing and misleading consumers. On its Internet website

(www.theasylum.cc), The Asylum touts itself as a producer of so-called

“mockbusters” – knockoff films that it describes as “similar to big studio films,

only cheaper.” Despite the “mockbuster” label, these low-budget films do not

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mock, parody or otherwise comment upon the theatrical motion pictures they

imitate. Instead, the films are intended to piggy-back on the publicity of the major

studio films, through The Asylum’s intentional use of confusingly similar titles,

artwork, and release dates to mislead consumers into believing the films are

popular, big-budget releases. Examples of films produced and distributed by The

Asylum – all timed to coincide with major studio theatrical releases – include

Transmorphers [studio release: Transformers], Sunday School Musical [studio

release: High School Musical], The Da Vinci Treasure [studio release: The Da

Vinci Code], The Day The Earth Stopped [studio release: The Day The Earth Stood

Still], Snakes On A Train [studio release: Snakes On A Plane], and American

Battleship [studio release: Battleship].

44. The Asylum’s business strategy of creating knockoff imitations of

major motion pictures and releasing them on DVD and video-on-demand at the

same time as the studio theatrical release is intended to and does confuse

consumers as to the source or origin of The Asylum’s productions by causing

consumers to believe they are the same as or associated with contemporaneously

released blockbuster films from major motion picture studios. Reviews for The

Asylum movies are replete with complaints from irritated consumers who were

misled into purchasing their movies instead of big budget studio productions.

45. By way of example, on September 27, 2012, a consumer purchased

The Asylum’s Abraham Lincoln vs. Zombies on Amazon.com believing it was the

recent 20th Century Fox theatrical release Abraham Lincoln: Vampire Hunter.

The consumer complained on Amazon’s Customer Review page: “You see

Abraham Lincoln Vampire Slayer on TV then see Abraham Lincoln vs. The

Zombies on Amazon Prime. Not thinking or reading clearly, I ordered the wrong

movie…. Definitely not worth the price charged to watch it.”

46. Similarly, on June 23, 2011, a consumer was confused into purchasing

The Asylum’s Battle of Los Angeles instead of Columbia Pictures’ theatrical

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motion picture Battle: Los Angeles. According to the consumer: “Do I actually

HAVE to give this movie a single star? I accidently added this movie to my DVD

rental queue instead of Battle: Los Angeles and took me 20 min into my flight and

10 min into the movie to realize the monumental mistake I made.”

47. As a further example, consumers of The Asylum’s Sherlock Holmes

complained that they had been duped into thinking they had purchased Warner

Bros’ blockbuster by the same name. On January 29, 2011, one consumer wrote:

“This in all likelihood is the worst movie I have ever seen. It looks like it was

made in a high school video project; the effects are cheesy and low-budget. This

has nothing to do with Sherlock Holmes and appears to have been created just to

exploit the success of Robert Downey’s movie. Dreadful.” On March 20, 2010,

another consumer complained: “To be honest, I thought I had picked up the

Downey version for SH…. Shame on Asylum for making a buck on fools like me

… I’ve definitely been punked!”

48. Indeed, The Asylum has proudly posted on its own website evidence

of the consumer confusion it has created, in the form of a December 2011 message

that it ridiculed as “hate mail”: “I don’t know a single person that runs to the video

store to buy an Asylum release. In fact, most people I know only rent your films

by mistake thinking they are the big-budget films you rip off. Is that your

marketing strategy or something?”

49. On information and belief, based on statements on The Asylum’s

website, The Asylum filmed the Infringing DVD Age of the Hobbits during July

and August 2012 near Kampot and Kep, Cambodia – long after Warner Bros. and

New Line had begun their extensive, worldwide efforts to promote the Hobbit

Films as described herein. The budget for the knockoff Age of the Hobbits film

reportedly was less than $2 million.

50. Beginning in or about August 2012, The Asylum began to advertise

on its website the new low-budget, straight-to-DVD Age of the Hobbits. The

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Asylum also has advertised the Infringing DVD on Netflix.com, and made the

Infringing DVD available for pre-order on various retail websites, including

Amazon.com and Bestbuy.com. In describing the Infringing DVD, these

misleading advertisements evoke the world of The Hobbit and The Lord of the

Rings books and films with references to dragons, an “ancient age,” and “small,

peace-loving Hobbits.” The Asylum’s advertising campaign has caused and will

cause the HOBBIT Marks to lose their distinctiveness and tarnish their value.

51. As further evidence of The Asylum’s intent to mislead and confuse

consumers into believing there is a connection or association between the

Infringing DVD and the Hobbit Films and the Tolkien Works, Plaintiffs are

informed and believe that in or about July 2012 The Asylum caused the following

description to appear on the Netflix website to promote the upcoming release of the

Infringing DVD: “In an ancient age, an enslaved hero escapes his bonds and

begins a dangerous quest to claim an enchanted dagger that will free his people.

This ‘mockbuster’ is based on a reimagined version of J.R.R. Tolkien’s mythical

universe.”

52. Based on descriptions of the film on The Asylum’s website, its Age of

the Hobbits film does not mock, parody or comment in any way upon the Lord of

the Rings films, the Hobbit Films, the Tolkien Works on which those films are

based, or any of the characters therein. Instead, as shown below, The Asylum has

been and is using the famous HOBBIT Marks commercially in the title of its film

solely for the purpose of creating consumer confusion and capitalizing on the

multi-million dollar worldwide marketing campaign for Plaintiffs’ highly-

anticipated Hobbit Films:

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The Asylum’s Infringing DVD

53. The Asylum has marketed its Infringing DVD – Age of the Hobbits –

using a title and title design that is confusingly similar to the title and distinctive

title design used in connection with the first of Plaintiffs’ Hobbit Films. Not only

has The Asylum made prominent use of the famous, registered HOBBIT Marks in

the title of the Infringing DVD, it also has employed a slender, gold, stylized serif

font in all-capital letters that is confusingly similar to the distinctive title design

used to promote both the Lord of the Rings films and the Hobbit Films:

Plaintiffs’ Title Design The Asylum’s Title Design

54. In addition to its use of a confusingly similar and misleading title and

title design, The Asylum has promoted its Infringing DVD in a manner that is

confusingly similar in look and feel to advertisements for and images from the

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Lord of the Rings film trilogy and the Hobbit Films, as well as licensed

merchandise using the famous HOBBIT Marks. The Asylum’s promotional

materials have copied Plaintiffs’ advertisements, motion picture images, and

licensed merchandise by employing dark, muted color palettes and a collage

presentation. For example:

a. The Asylum’s Infringing DVD copies and misappropriates

images of Ringwraiths (mythical characters dressed in long,

black hooded robes) depicted in the Lord of the Rings films and

on licensed merchandise:

The Asylum’s Infringing DVD Plaintiffs’ The Lord of the Rings Poster

Plaintiffs’ Licensed The Lord of the Rings Strategy Battle Game

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b. The Asylum’s Infringing DVD depicts images of dragon-like

creatures in flight, similar to images from the Lord of the Rings

films, as well as promotional posters and merchandise for the

upcoming Hobbit motion picture:


Plaintiffs’ Licensed The Lord of The Plaintiffs’ The Hobbit Poster

Rings Lithograph

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c. Like the Lord of the Rings’ promotional posters, the Infringing

DVD features medieval battle scenes in the background of its

cover art:


d. The dark, bowed figure holding a golden, illuminated object on

the Infringing DVD artwork appears to have been modeled after

a famous image of the Hobbit Frodo Baggins used to promote

the Lord of the Rings films:


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55. That the packaging for The Asylum’s Infringing DVD has been

confusingly similar in look and feel to advertisements for and images from the

Plaintiffs’ Lord of the Rings film trilogy and Hobbit Films is no coincidence.

Representatives from The Asylum have told media outlets “that in the new media

world [of the Internet], it’s not always clear what movie it is because you can’t see

the art clearly.” On information and belief, The Asylum intends to take advantage

of consumers who stream the Infringing DVD online or purchase it over the

Internet by advertising thumbnail images of its cover art that, especially due to

their small size on websites like Netflix.com, Bestbuy.com, and Amazon.com, look

very similar to images from the Lord of the Rings films.

56. The Asylum has stated on its website and elsewhere its intention to

release the Infringing DVD for sale within just a few days of the theatrical release

of Plaintiffs’ first Hobbit film in the United States. Specifically, The Asylum plans

to start selling the Infringing DVD in the United States on December 11, 2012 –

just three days prior to the American theatrical release of The Hobbit: An

Unexpected Journey.

57. This timing likewise is no coincidence. Rather, The Asylum and its

agents have chosen to launch their knockoff movie at a time that will maximize

their ability to exploit the extensive publicity and consumer interest surrounding

the theatrical release of Plaintiffs’ Hobbit film. As one of The Asylum’s founders

stated in a news article: “We go after the tent poles – the big studio titles – for the

most part. Those have the most audience awareness and interest, and it’s unlikely

that the release date will change.”

58. Following complaints by Plaintiffs, in or about October 2012 The

Asylum began promoting its Infringing DVD on its own website and on

Netflix.com using modified artwork (the “Alternate Artwork”):

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The Asylum’s Alternate Artwork

59. The Asylum’s Alternate Artwork still prominently features Plaintiffs’

famous HOBBIT mark in the title “Age of the Hobbits.” The Alternate Artwork

still depicts dragon-like creatures in flight, medieval battle scenes, and a dark,

hooded figure holding an illuminated object – images that evoke Tolkien’s

imaginary world of Middle-earth and suggest an association with the Lord of the

Rings and Hobbit motion pictures. In small, blurry font underneath the title, the

Alternative Artwork now contains a tagline: “They’re Not Tolkien’s Hobbits …

They’re Real.” This statement is unclear and ambiguous, and is wholly inadequate

as a disclaimer in that it fails to redress or reduce the confusion created by The

Asylum’s previous marketing efforts surrounding the Infringing DVD. The

Infringing DVD’s Alternate Artwork therefore is still misleading and likely to

cause consumer confusion.

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FIRST CLAIM FOR RELIEF

TRADEMARK INFRINGEMENT – 15 U.S.C. § 1114

60. Plaintiffs repeat, reallege, and incorporate herein by reference every

allegation contained in paragraphs 1 through 59.

61. SZC’s registered HOBBIT Marks are inherently distinctive and have

become well-known and famous. This is a result both of the marks’ inherent

distinctiveness and the extensive advertising and sales throughout the United States

of goods and services bearing the HOBBIT Marks.

62. As described above, The Asylum is using in commerce, without

SZC’s authorization or consent and in an explicitly misleading manner, SZC’s

registered HOBBIT Marks in connection with the advertisement, offering for sale,

and/or sale of The Asylum’s Infringing DVD. SZC is informed and believes, and

on that basis alleges, that The Asylum is doing so with the intent to unfairly

compete against SZC, to trade upon SZC’s reputation and goodwill by causing

confusion and mistake among customers and the public, and to deceive the public

into believing that defendant The Asylum’s Infringing DVD is associated with,

sponsored by, or approved by SZC, when it is not. The Asylum’s unauthorized use

of imitations of SZC’s registered HOBBIT Marks is likely to cause confusion,

mistake, or deception in violation of 15 U.S.C. § 1114.

63. Defendant The Asylum’s aforementioned acts have injured SZC and

damaged it in an amount to be determined at trial. By its actions, The Asylum has

irreparably injured SZC. Such irreparable injury will continue unless The Asylum

is preliminarily and permanently enjoined by the Court from further violation of

SZC’s rights, for which SZC has no adequate remedy at law.

SECOND CLAIM FOR RELIEF

FALSE DESIGNATION OF ORIGIN AND

UNFAIR COMPETITION – 15 U.S.C. § 1125(a)(1)(A)


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65. The HOBBIT Marks, the Hobbit Films’ titles, and the title design and

artwork associated with the Lord of the Rings and Hobbit films and related licensed

merchandise, are used in commerce, are non-functional, are distinctive, and have

acquired substantial secondary meaning in the marketplace.

66. As described above in detail, The Asylum is using in commerce,

without Plaintiffs’ authorization or consent and in an explicitly misleading manner,

imitations of the HOBBIT Marks, the Hobbit Films’ titles, and the title design and

artwork associated with the Lord of the Rings and Hobbit films and related licensed

merchandise, in connection with the advertisement, offering for sale, and/or sale of

The Asylum’s Infringing DVD.

67. The Asylum’s actions described above and specifically, without

limitation, The Asylum’s unauthorized use of the HOBBIT Marks, the Hobbit

Films’ titles, and the title design and artwork associated with the Lord of the Rings

and Hobbit films and related licensed merchandise, and confusingly similar

variations thereof, in commerce to advertise, market, and sell the Infringing DVD;

its express and/or implied representations that its Infringing DVD originated with

or was associated with or endorsed or approved by Plaintiffs; together with its

similar release date for the Infringing DVD, constitute false designation of origin

and unfair competition in violation of 15 U.S.C. § 1125(a)(1)(A).

68. Plaintiffs are informed and believe, and on that basis allege, that The

Asylum had actual knowledge of Plaintiffs’ ownership and prior use of the

HOBBIT Marks, the Hobbit Films’ titles, and the title design and artwork

associated with the Lord of the Rings and Hobbit films and related licensed

merchandise, prior to commencing the conduct complained of herein.

69. Plaintiffs are informed and believe, and on that basis allege, that The

Asylum is engaging in the conduct complained of herein with the intent to compete

unfairly against Plaintiffs, to trade upon Plaintiffs’ reputation and goodwill by

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causing confusion and mistake among customers and the public, and to deceive the

public into believing that The Asylum’s Infringing DVD is associated with,

sponsored by, or approved by Plaintiffs, when it is not.

70. As a result of the acts complained of herein, The Asylum has created a

likelihood of injury to Plaintiffs’ business reputation and to the reputation and

goodwill surrounding the HOBBIT Marks, the Lord of the Rings films and the

Hobbit Films, and a strong likelihood of consumer confusion as to the source of

origin or relationship of Plaintiffs’ and The Asylum’s goods, and has otherwise

competed unfairly with Plaintiffs.

71. The Asylum’s acts complained of herein were willful and deliberate

and have caused damage to Plaintiffs in an amount to be determined at trial, and

such damages will continue to increase unless The Asylum is enjoined from its

wrongful actions.

72. The Asylum’s willful and deliberate acts constituting false designation

of origin have caused, and will continue to cause, irreparable injury to Plaintiffs’

businesses, substantial loss of goodwill and reputation, and pecuniary damages to

Plaintiffs and consequently have caused, and will continue to cause, a substantial

impact on United States domestic and foreign commerce. Such irreparable injury

will continue unless and until The Asylum is preliminarily and permanently

enjoined from further violation of Plaintiffs’ rights, for which Plaintiffs have no

adequate remedy at law.

THIRD CLAIM FOR RELIEF

TRADEMARK DILUTION – 15 U.S.C. § 1125(c)



74. By virtue of the decades of use and the enormous popularity of the

Tolkien Works and the Lord of the Rings film trilogy, and the massive advertising

and promotion of the Hobbit Films, the HOBBIT Marks are famous among

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consumers and became famous long before any use of the HOBBIT Marks by The

Asylum.

75. The Asylum’s use of the famous HOBBIT Marks in advertising for

the Infringing DVD as well as on the Infringing DVD itself is and has been for The

Asylum’s own commercial gain.


the Infringing DVD as well as on the Infringing DVD itself dilutes the distinctive

quality of and tarnishes the public image of the HOBBIT Marks and is likely to

cause actual dilution of the HOBBIT Marks, thereby impairing the HOBBIT

Marks’ capability of identifying and distinguishing Plaintiffs’, or their licensees’,

goods and services, including the Hobbit Films and related licensed merchandise.




wrongful actions.

78. The Asylum’s willful and deliberate acts of trademark dilution have

caused, and will continue to cause, irreparable injury to Plaintiffs’ businesses,

substantial loss of goodwill and reputation, and pecuniary damages to Plaintiffs.

Such irreparable injury will continue unless and until The Asylum is preliminarily

and permanently enjoined from further violation of Plaintiffs’ rights, for which

Plaintiffs have no adequate remedy at law.

FOURTH CLAIM FOR RELIEF:

FALSE ADVERTISING – 15 U.S.C. § 1125(a)(1)(B)




limitation, The Asylum’s unauthorized use of the HOBBIT Marks, the Hobbit

Films’ titles, and the title design and artwork associated with the Lord of the Rings

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and Hobbit films and related licensed merchandise, and confusingly similar

variations thereof, in commerce to advertise, market, and sell the Infringing DVD;

its express and/or implied representations that its Infringing DVD originated with

or was associated with or endorsed or approved by Plaintiffs; together with its

similar release date for the Infringing DVD, constitute unfair competition and false

advertising in violation of 15 U.S.C. § 1125(a)(1)(B).

81. Consumers are likely to be misled and deceived into believing, based

on The Asylum’s representations and conduct in connection with the

advertisement, offering for sale, and/or sale of The Asylum’s Infringing DVD, that

The Asylum’s Infringing DVD is associated with, sponsored by or approved by

Plaintiffs, when it is not.

82. The Asylum knew or should have known that its representations and

conduct were false or likely to mislead.




wrongful actions.

84. The Asylum’s willful and deliberate acts of false advertising have






FIFTH CLAIM FOR RELIEF:

CALIFORNIA COMMON LAW UNFAIR COMPETITION



86. By virtue of the acts complained of herein, The Asylum has

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intentionally caused a likelihood of confusion among the public and has unfairly

competed with Plaintiffs in violation of the common law of the State of California.

87. The purpose, tendency and effect of The Asylum’s use of the

HOBBIT Marks, as well as titles, title designs, trade dress, packaging and

advertising materials that are confusingly similar to the Hobbit Films’ titles and the

title design and artwork associated with the Lord of the Rings and Hobbit films and

related licensed merchandise, in the manner alleged above, is to enable The

Asylum to deceive the public by passing off The Asylum’s Infringing DVD as

being rendered, sponsored, or otherwise approved by or connected with Plaintiffs.

88. The Asylum’s use of the HOBBIT Marks, as well as titles, title

designs, trade dress, packaging and advertising materials that are confusingly

similar to the Hobbit Films’ titles and the title design and artwork associated with

the Lord of the Rings and Hobbit films and related licensed merchandise, in

advertising and offering to sell the Infringing DVD is likely to cause confusion,

mistake or deception as to the source or origin of The Asylum’s Infringing DVD

and said use constitutes infringement of Plaintiffs’ rights with respect to the

Tolkien Works and the Lord of the Rings and Hobbit films.

89. The Asylum’s willful acts of unfair competition have caused damage

and irreparable injury to Plaintiffs in an amount to be determined at trial.

90. The Asylum’s willful acts of unfair competition constitute acts of

fraud, oppression and malice. Accordingly, Plaintiffs are entitled to exemplary

damages pursuant to California Civil Code § 3294(a).

SIXTH CLAIM FOR RELIEF:

CALIFORNIA STATUTORY UNFAIR COMPETITION

Cal. Business & Professions Code § 17200, et seq.



92. By using identical or confusingly similar variations of the HOBBIT

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Marks, as well as titles, title designs, trade dress, packaging and advertising

materials that are confusingly similar to the Hobbit Films’ titles and the title design

and artwork associated with the Lord of the Rings and Hobbit films and related

licensed merchandise, The Asylum has willfully and without authorization,

appropriated the exclusive property of Plaintiffs. As such, The Asylum has taken

advantage of and usurped the Plaintiffs’ investment and goodwill and has

capitalized on markets created by Plaintiffs for the Lord of the Rings and Hobbit

films.

93. As a result of The Asylum’s exploitation of the HOBBIT Marks, as

well as titles, title designs, trade dress, packaging and advertising materials that are

confusingly similar to the Hobbit Films’ titles and the title design and artwork

associated with the Lord of the Rings and Hobbit films and related licensed

merchandise, in a manner such that the Infringing DVD packaging is commercially

indistinguishable, The Asylum has been and will be able to pass off and sell its

Infringing DVD of inferior quality as a substitute for Plaintiffs’ Hobbit Films.

94. By virtue of the acts complained of herein, The Asylum has

intentionally caused a likelihood of confusion among the public and has unfairly

competed in violation of California Business & Professions Code § 17200, et. seq.

95. The Asylum’s aforementioned acts constitute unlawful, unfair,

malicious or fraudulent business practices, which have injured and damaged

Plaintiffs. Among other violations of law, The Asylum’s aforementioned acts

constitute false designation of origin and false advertising under 15 U.S.C.

§ 1125(a) and false advertising under California Business & Professions Code

§ 17500, et seq.

96. By its actions, The Asylum has irreparably injured Plaintiffs. Such

irreparable injury will continue unless and until The Asylum is preliminarily and

permanently enjoined from further violation of Plaintiffs’ rights, for which


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SEVENTH CLAIM FOR RELIEF:

CALIFORNIA STATUTORY FALSE ADVERTISING





limitation, its use of the HOBBIT Marks, as well as titles, title designs, trade dress,

packaging and advertising materials that are confusingly similar to the Hobbit

Films’ titles and the title design and artwork associated with the Lord of the Rings

and Hobbit films and related licensed merchandise, in commerce to advertise,

market, and sell the Infringing DVD; its express and/or implied representations

that the sale of its Infringing DVD originated with or was endorsed or approved by

Plaintiffs; together with its similar release date for the Infringing DVD, constitutes

unfair competition and false advertising in violation of California Business &

Professions Code § 17500, et. seq.

99. Consumers are likely to be misled and deceived into believing, based

on The Asylum’s express and/or implied representations and conduct in connection

with the advertisement, offering for sale, and/or sale of The Asylum’s Infringing

DVD, that The Asylum’s Infringing DVD is associated with, sponsored by or

approved by Plaintiffs, when in fact it is not.

100. The Asylum knew or should have known that its express and/or

implied representations and conduct were false or likely to mislead.

101. The Asylum’s acts of false advertising have caused, and will continue

to cause, irreparable injury, loss of reputation, and pecuniary damages. Such

irreparable injury will continue unless and until The Asylum is preliminarily and

permanently enjoined by this Court from further violation of Plaintiffs’ rights, for

which Plaintiffs have no adequate remedy at law.

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EIGHTH CLAIM FOR RELIEF:

CALIFORNIA STATUTORY TRADEMARK DILUTION




103. By virtue of the decades of use and the enormous popularity of the

Tolkien Works and the Lord of the Rings film trilogy, and the massive advertising

and promotion of the Hobbit Films, the HOBBIT Marks are famous among

consumers.


the Infringing DVD as well as on the Infringing DVD itself is and has been for The

Asylum’s own commercial gain.


the Infringing DVD as well as on the Infringing DVD itself dilutes the distinctive

quality of and tarnishes the public image of the HOBBIT Marks and is likely to

cause actual dilution of the HOBBIT Marks, thereby impairing the HOBBIT

Marks’ capability of identifying and distinguishing Plaintiffs’, or their licensees’,

goods and services, including the Hobbit Films and related licensed merchandise.




wrongful actions.

107. The Asylum’s willful and deliberate acts of trademark dilution have






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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against The Asylum as follows:

A. For entry of a preliminary and permanent injunction, prohibiting The

Asylum and each of its agents, servants, owners, shareholders, partners,

employees, attorneys, assigns, and all others in privity or acting in concert with it

from committing further infringing acts including:

(1) Using any title, name, service mark, trademark, trade name or

domain name that includes or is confusingly similar to the HOBBIT Marks or

Plaintiffs’ Hobbit Films’ titles or distinctive title design in the advertising or sale of

motion pictures, DVDs, video-on-demand offerings or related goods or services;

(2) Using in any manner any title, service mark, trademark, trade

name, domain name, trade dress, designs, colors, arrangements, collocations, or

any combinations thereof that imitates, resembles, or suggests or is otherwise

confusingly similar to images from the Lord of the Rings and Hobbit films,

advertisements, or merchandise;

(3) Otherwise infringing or diluting Plaintiffs’ trademarks, service

marks, and trade names, unfairly competing with Plaintiffs, or otherwise injuring

Plaintiffs’ business reputation in any manner;

(4) Using, registering, or reserving any domain name, Twitter

name, Facebook page name or other similar domain or social networking name or

page that includes the HOBBIT Marks or the Hobbit Films’ titles or distinctive title

design or is confusingly similar thereto.

B. For an order that The Asylum be directed to deliver up for destruction

all DVDs, DVD covers, posters, trailers, advertisements, brochures, labels, signs,

prints, packages, wrappers, publications, software, websites, social networking

pages and all other materials in The Asylum’s possession or under its control that

bear the Age of the Hobbits title, or that use the HOBBIT Marks, the Hobbit Films’

titles or distinctive title design, or images from the Lord of the Rings or Hobbit

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films, advertisements, or merchandise, or any other reproduction, counterfeit, copy

or colorable imitation and all plates, molds, dies, matrices, and other means of

making or duplicating the same, pursuant to 15 U.S.C. § 1118.

C. For an order directing that The Asylum engage in corrective

advertising to disclaim any association between Plaintiffs and The Asylum, to

remedy the actual and potential customer confusion in the marketplace due to The

Asylum’s unlawful acts, and to do so in a form, manner and frequency that is

acceptable to Plaintiffs and the Court.

D. That the Court award Plaintiffs compensatory damages and lost

profits in an amount according to proof, and award Plaintiffs exemplary or punitive

damages to the extent permitted by law.

E. That the Court award actual damages for trademark infringement

pursuant to 15 U.S.C. § 1117(a).

F. For an order that The Asylum account to and pay over to Plaintiffs all

profits derived from its infringing use of the Age of the Hobbits title, or any other

use of the HOBBIT Marks, the Hobbit Films’ titles or distinctive title design, or

images from the Lord of the Rings and Hobbit films, advertisements, or

merchandise, or confusingly similar variations thereof.

G. For costs of suit, attorneys’ fees, prejudgment interest and such other

and further relief as the Court deems just and proper.

H. For an order from the Court that an asset freeze or constructive trust

be imposed over all monies and profits in The Asylum’s possession which

rightfully belong to Plaintiffs.

///

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///

///

///

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1. F or such other relief as the Court deems just and proper.

Dated: November 7,20124

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JENNR & BLOCK LLP

Attorneys for PlaintiffsWARR BROS. ENTERTAINMNTINC., NEW LINE CINEMA LLC, NEWLINE PRODUCTIONS, INC., METRO-GOLDWY-MA YER STUDIOS INC.,~d THE SAUL ZAENTZ COMPANY

-34-COMPLAINT

1 JURY DEMAND2 Plaintiffs Warner Bros., New Line, MGM, and SZC respectfully request a

3 jury trial on all issues so triable.

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Dated: November 7, 20126

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JENNR & BLOCK LLP

Attorneys for PlaintiffsWARR BROS. ENTERTAINMNTINC., NEW LINE CINEMA LLC, NEWLINE PRODUCTIONS, INC., METRO-GOLDWY-MA YER STUDIOS INC.,and Tlf SAUL ZAENTZ COMPANY

-35-COMPLAINT

Exhibit A

Int. Cl.: 9

Prior U.S. Os.: 21, 23, 26, 36, and 38

United States Patent and Trademark OfficeReg. No. 2,949,370

Regered May 10, 20

TRAEMAPRICIAL REGISTER

TH HOBBIT

SAUL ZAENTZ COMPANY, THE (DELAWARECORPORATION). DBA TOLKIEN ENTERPRI-SES, .'

2600 TENT STREETBERKELEY, CA 94710

FOR: COMPUTER GAME SOFTARE Al''D IN-STRUCTION MANUALS SOLD AS A UN; VIDEOGAME SOFTARE AND INSTRUCTION MAN-UALS SOLD AS A UNIT; INERACTIVE MULTI-MEDIA COMPUTER GAME SOFTWARE;illERACTIE MULTIMEDIA VIDEO GAME SOFT-WARE; DOWNLOADABLE COMPUTER GAME

SOFTARE; DOWNLOADABLE VIDEO GAMESOFTARE; PRE-RECORDED CD-ROMS FEA TUR-ING FANTASY GAMES, FANTASY FILMS Ar-TIMUSIC, IN CLASS 9 (U,S. CLS. 21, 23.26.36 AND 38).

FIRST USE 11-22-2004; IN COMMERCE 11-22-2004.

OWNER OF U,S, REG. NO, 1,230,026,

SN 76-977.310, FILED 7-9-2002.

ALICE BENMMIAN. EXAING ATTORNEY

7 t,

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Typed Drawing

Word Mark

Goods andServices

Mark DrawingCodeSerial NumberFilng Date

Current BasisOriginal Filng 1 B

BasisPublished forOppositionRegistrationNumberRegistrationDateOwner

Attorney ofRecordPriorRegistrationsType of MarkRegisterAffidavit TextLive/DeadIndicator

~. - . ... i I . I Ii 11.-.1.' i ,Ii

THE HOBBIT

IC 009. US 021 023 026 036 038. G & S: ( Computer game softare and instruction manuals soldas a unit; video game softare and instruction manuals sold as a unit;) interactive multimediacomputer game softare; interactive multimedia video game softare; downloadable computergame softare; downloadable video game softare; pre-recorded CD-ROMs featuring fantasygames, fantasy fims and music. FIRST USE: 20041122. FIRST USE IN COMMERCE: 20041122

(1) TYPED DRAWING

76977310July 9, 20021A

March 25, 2003

2949370

May 10, 2005

(REGISTRANT) Saul Zaentz Company, The DBA Tolkien Enterprises CORPORATIONDELAWARE 2600 Tenth Street Berkeley CALIFORNIA 94710

Michael A. Grow

1230026

TRADEMARK

PRINCIPAL

SECT 15. SECT 8 (6-YR).

LIVE

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Int. Cl.: 41

Prior U.S. as.: 100, 101, and 107


Regtered May 22, 207

SERVICE MARKPRICIPAL REGISTER

TH HOBBIT

SAUL ZAENTZ COMPANY, THE (DELAWARECORPORATION), DBA TOLKIEN ENTERPRI-SES,

2600 TENT STREETBERKELEY, CA 94710

FOR: PROVIING NEWS AND INFORMATIONIN THE FIELD OF ENTERTAI!'~ENT RELATIGTO COMPUTER GA1ES. Al\1) VIEO GA1ES VIGLOBAL AND LOCAL AREA NETWORKS, INCLASS 41 (U.s. CLS, 100, 101 AND 107),


OWNER OF U.s, REG, NO, 1,230,026,

SN 76-429,750, FILED 7-9-2002.

SUE LAWRENCE, EXAINIG AITORNEY

Î

3

35

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Mark DrawingCodeSerial NumberFilng Date

Current BasisOriginal FilingBasisPublished forOppositionRegistrationNumberRegistration Date May 22, 2007

Owner (REGISTRANT) Saul Zaentz Company, The DBA Tolkien Enterprises CORPORATIONDELAWARE 2600 Tenth Street Berkeley CALIFORNIA 94710

return to TESS)

Typed Drawing

Word Mark

Goods andServices

Attorney ofRecordPriorRegistrationsType of MarkRegisterLivelDeadIndicator

-,-' °.,11 I 11 11.-,1.' I .11

THE HOBBITIC 041. US 100 101 107. G & S: providing news and information in the field of entertainmentrelating to computer games, and video games via global and local area networks, FIRST USE:20060315. FIRST USE IN COMMERCE: 20060315

(1) TYPED DRAWING

76429750July 9, 20021A

1B

April 8, 2003

3245235

Michael A. Grow

1230026

SERVICE MARKPRINCIPAL

LIVE--------I.HOME I SITE INDEX I SEARCH I eBUSINESS I HELP I PRIVACY POLICY

4

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THE HOBBIT

Reg. No. 3,938,229 THE SAUL ZAENTZ COlvlPANY (DELAWARE CORPORATION), DBA TOLKIENENTERPRISES

Registered Mar. 29, 2011 2600TEsTRETBERKLEY, CA 94710

Int. Cl.: 9

TRADEMARK

PRINCIPAL REGISTER

fOR: COMPACT GAME DISCS; PRE-RECORDED CD-ROMS fEATUNG fANSYGAMS; VIDEO GAM SOYTWARE FEAlURG FAN'IASY GAMS, IN CLASS 9 (U.S.CLS. 21, 23, 26, 36 AN 38).

FIRST USE 0-0-199 i; IN COMMRCE 0-0- i 99 i.

THE MARK CONSISTS OF STANDARD CHACTERS wrllOUT CLAIM TO ANY PAR-TICULAR FONT, STYLE, SIZE, OR COLOR.

OWNR Of U.s. REG, NO. 2,949,370.

SN 77-197,242, FILED 6-4-2007.

CHRSIE B. KING, EXAG ATTORNY

~J.J:t-~l)in:;.:1i'f (if Ilk: I JIi¡leil Sliiti;~ I'atenl anú l"rtdcii:ik (1f1icc

5

40

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THE HOBBITWord Mark

Goods andServices

StandardCharactersClaimedMark DrawingCodeSerial NumberFiling DateCurrent BasisOriginal FilingBasisPublished forOppositionRegistrationNumberRegistration Date

Owner

THE HOBBIT

IC 009. US 021 023 026 036 038. G & S: Compact game discs; pre-recorded CD-ROMsfeaturing fantasy games; video game softare featuring fantasy games, FIRST USE:19910000. FIRST USE IN COMMERCE: 19910000

(4) STANDARD CHARACTER MARK

77197242June 4,20071A

1B

May 20, 2008

3938229

March 29, 2011

(REGISTRANT) The Saul Zaentz Company DBA Tolkien Enterprises CORPORATIONDELAWARE 2600 Tenth Street Berkeley CALIFORNIA 94710

Attorney of Record Michael A. Grow

Prior Registrations 2949370Type of Mark TRADEMARKRegister PRINCIPAL

6

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Int. CI.: 28

Prior U.S. CI.: 22


Regstered Mar. 8, 1983

TRADEMARKPrncipal Regiter

HOBBIT

Elan Merchandising Inc. (Delaware corpration)

Tenth and Parker 518,

Berkeley, Calif. 95710, assignee ofIdeal Toy Corporation (Delaware corporation)Holls, N.Y,

For: APPARATUS SOLD AS A UNT FORPLAYING A PARLOR GAME, in CLASS 28 (U.S.CI. 22),

First use Apr. 18, 1977; in commerce Apr. 18,1977.

Ser. No, 124,395, fied Apr. 27, 1977

KATHLEEN J, GALLAGHER, ExaminingAttorney

7

I

i

'-).

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Typed Drawing

Word Mark

Goods andServicesMark DrawingCodeSerial NumberFilng Date

Current BasisOriginal FilngBasisPublished forOppositionRegistrationNumberRegistration Date

Owner

-. ~ . .'. i I . J Ii 11..,1.' i,li

HOBBIT

IC 028. US 022. G & S: Apparatus Sold as a Unit for Playing a Parlor Game, FIRST USE:19770418. FIRST USE IN COMMERCE: 19770418

(1) TYPED DRAWING

73124395April 27, 19771A

1A

December 7, 1982

1230026

March 8, 1983

(REGISTRANT) Elan Merchandising Inc. CORPORATION DELAWARE Tenth and Parker Sts,Berkeley CALIFORNIA 95710

(LAST LISTED OWNER) SAUL ZAENTZ COMPANY, THE CORPORATION BY ASSIGNMENTDELAWARE 2600 TENTH STREET BERKELEY CALIFORNIA 94710

AssignmentRecordedAttorney of Record Michael A. Grow

Type of Mark TRADEMARKRegister PRINCIPALAffdavit Text SECT 15, SECT 8 (6-YR). SECTION 8(10-YR) 20120411.

Renewal 2ND RENEWAL 20120411Live/DeadIndicator

ASSIGNMENT RECORDED

LIVE--------8

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Int. CI.: 28

Prior U.S. CIs.: 22, 23, 38, and 50

United States Patent and Trademark OfficeReg. No. .2,897,941

Regtered Oct. 26, 20

TRAEMARPRICIAL REGISTER

HOBBIT

SAUL ZAEÑ1Z COMPANY, THE (DELAWARECORPORATION)

2600 TENTH STREETBERKELEY, CA 94710

. FOR: TOY ACTION FIGURES AN ACCESSOR-IES THEREFOR; TOY FIGURES; PUZZLES EXCEPTCROSSWORD PUZZLES; BOAR GAMES; COLLEC-TIBLE TOY FIGURES; MECRA.NICAL ACTIONTOYS; POSITIONABLE TOY FIGURES. IN CLASS28 (U,S, CLS, 22,23,38 AND 50).

FIRST USE 4-7-2003; IN COMMERCE 4-7-2003,

OWNER OF U.S. REG, NO, 1,230,026.

SN 76-976,831, FILED 7-25-200.

LAVERNE THOMPSON, EXAG ATTORNEY

9

e. 4

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Typed Drawing

Word Mark

Goods andServices

Mark DrawingCodeSerial NumberFiling DateCurrent BasisOriginal FilingBasisPublished forOppositionRegistrationNumberRegistrationDateOwner

Attorney ofRecordPriorRegistrationsType of MarkRegisterAffdavit Text

LivelDeadIndicator

.,.. ",.tl. I Ii 11.-.1.' I iii

HOBBIT

IC 028. US 022 023 038 050. G & S: (toy action figures and accessories therefor; toy figures;)puzzles except crossword puzzles; board games(; collectible toy figures; mechanical action toys;positionable toy figures). FIRST USE: 20030407. FIRST USE IN COMMERCE: 20030407

(1) TYPED DRAWING

76976831July 25,20001A

1B

January 15, 2002

2897941

October 26, 2004

(REGISTRANT) Saul Zaentz Company, The CORPORATION DELAWARE 2600 Tenth StreetBerkeley CALIFORNIA 94710

Michael A. Grow

1230026

TRADEMARK

PRINCIPALSECT 15. SECT 8 (6-YR).

LIVE--------10

http://tess2. uspto.gov /binlshowfie1d?f=doc&state=4004: iaxj 7 i. 6.1 11/2/2012 4)

Int. CI.: 6, 16, and 25

Prior U.S. CI.: 2, 5, 12, 13, 14, 22, 23, 25, 29, 37, 38,39, and 50


Regtered July 26, 20

TRAEMAPRICIPAL REGISTER

HOBBIT

SAUL ZAEKTZ COMPAr-r, THE (DELAWARECORPORATIOK), DBA TOLKIEN ENTERPRI-SES,

2600 TENT STREET

BERKELEY, CA 94710

FOR: PRIED MATTER, NAMELY POSTERS,ART PRINTS, POSTCARDS, IN CLASS 16 (U.S, CLS,2,5,22,23,29,37,38 AND 50),

FOR: FIGURINES AND FIGURAL PRODUCTS,NAMELY. COLLECTBLE FIGURIES AND FIG-URIES .rCORPRA TED INO SETTINGS, MADEOF COMMON METALS AND THEIR ALLOYS, INCLASS 6 (U.S, CLS. 2.12,13,14,23,25 AND 50),


FOR: CLOTHING, NAMELY, COSTUMES, INCLASS 25 (U,S, CLS, 22 AND 39),


SN 76-164,934, FILED 11-13-200,

FIRST USE 3-2-2005; IN COMMERCE 3-2-2005, MICHELE SWAI, EXAr-lNG ATTORNEY

11

4 ~

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Typed Drawing

Word Mark

Goods andServices

Mark DrawingCodeSerial NumberFiling DateCurrent BasisOriginal FilngBasisPublished forOppositionRegistrationNumberRegistrationDateOwner

Attorney ofRecordType of MarkRegisterAffdavit Text

Live/Dead

-,-' '..fl. I ii 11.-'1" I ,Ii

HOBBIT

IC 006. US 002 012 013 014 023 025 050. G & S: figurines and figural products, namely,collectible figurines and figurines incorporated into settings, made of common metals and theiralloys, FIRST USE: 20050302. FIRST USE IN COMMERCE: 20050302

IC 016, US 002 005 022 023 029 037 038 050. G & S: printed matter, namely, postersr' art prints,postcards). FIRST USE: 20050302. FIRST USE IN COMMERCE: 20050302

IC 025, US 022 039. G & S: clothing, namely, costumes, FIRST USE: 20050302, FIRST USE INCOMMERCE: 20050302

(1) TYPED DRAWING

76164934November 13, 20001A

1B

December 25, 2001

2976573

July 26, 2005

(REGISTRANT) Saul Zaentz Company, The DBA Tolkien Enterprises CORPORATIONDELAWARE 2600 Tenth Street Berkeley CALIFORNIA 94710

Michael A. Grow

TRADEMARK

PRINCIPAL

SECT 15. SECT 8 (6- YR).

LIVE

12

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~\\\t;~æb~~~~n~a~~~~~~erírq

THE HOBBIT: AN UNXPECTEDJOURY

Reg. No. 4,187,873

Registered Aug. 7,2012

Int. Cl.: 25

TRA.DEMARK

PRINCIPAL REGISTER

1)JJ:t-~Director nfliit. Iiniled Slale," Palent anti Tm.1tinark OITi¡;t:

THE SAUL ZAENTZ COMl'ANY (DELAWARE CORl'OR1\'ION)2600 TENTH STREETBERKELEY, CA 94710

FOR: CLOTIING, NAMELY, T-SHIRTS, SHIRTS, IN CLASS 25 (U.S. CLS. 22 AND 39).

FIRST USE 4-5-20 I 2; IN COM.\1ERCE 4-5-20 I 2.

n-EMARK CONSISTS OF ST.A.NDARD CHARACTERS Win-OUT CLAIM TO, ANY PAR-TICULAR FONT, STYLE, SIZE, OR COLOR.

OWNER OF U.S. REO. NOS. 2,976,573 AND 3,484,821.

SN 85-350,639, FILED 6-20-201 i.

VIVIAN MICZNIK FIRST, EXAMINING ATTORNY

13

. Lje¿

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THE H()BRTT: AN lJNEXPECTEDJeJURNEY

Word Mark

Goods and Services

Standard CharactersClaimedMark Drawing CodeSerial NumberFilng Date

Current BasisOriginal Filng BasisPublished forOppositionRegistration NumberRegistration Date

Owner

Attorney of RecordPrior RegistrationsType of MarkRegisterLive/Dead Indicator

THE HOBBIT: AN UNEXPECTED JOURNEYIC 025, US 022 039, G & S: clothing, namely, t-shirts, shirts. FIRST USE: 20120405,FIRST USE IN COMMERCE: 20120405

(4) STANDARD CHARACTER MARK85350639June 20, 2011

1A

1B

September 13, 2011

4187873August 7,2012

(REGISTRANT) The Saul Zaentz Company CORPORATION DELAWARE 2600 TenthStreet Berkeley CALIFORNIA 94710Michael A. Grow2976573;3484821TRADEMARK

PRINCIPAL

LIVE--_.._~..-14

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r&\\\t;~reb~:~~~~ m~~ma~~Crí€cr

Reg. No. 3,981,769

Registered June 21, 2011

Int. Cl.: 16

TRADEMARK

PRINCIPAL REGISTER

f)J.Yt-~Dirccllir nr,iic I liiitcd Stal!." Pille-nl and l'r:Jclmlrk. Olliic

THE HOBBIT

THE SAUL ZAENTL. COMPANY (DELAWARE CORPORATION), DBA TOLKIENENTERPRISES,

2600 TENTH STRETBERKELEY, CA 94710

FOR: STRATEGY GUIDES FOR GAMES; POSTERS, IN CLASS 16 (U.S. CLS, 2, 5, 22, 23, 29,37,38 AND 50).


THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-TICULAR FONT, STYi,E, SIZE, OR COLOR.

O\VNER OF V,S. REG. NO, 2,976,573,

SN 77-197,257, FILED 6-4-2007.

ROBERT STRUCK, EXAMINING ATTORNY

15

50,

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return to TESS)11.-.1. 1111

THE HOBBITWord Mark

Goods and Services

Standard CharactersClaimedMark Drawing CodeSerial NumberFilng Date

Current BasisOriginal Filing BasisPublished forOppositionRegistration NumberRegistration Date

Owner

Attorney of RecordPrior RegistrationsType of MarkRegisterLivelDead Indicator

THE HOBBIT

IC 016. US 002 005 022 023 029 037 038 050. G & S: strategy guides for games; posters.FIRST USE: 20030000. FIRST USE IN COMMERCE: 20030000

(4) STANDARD CHARACTER MARK77197257June 4,20071A

1B

July 29, 2008

3981769June 21, 2011

(REGISTRANT) The Saul Zaentz Company DBA Tolkien Enterprises CORPORATIONDELAWARE 2600 Tenth Street Berkeley CALIFORNIA 94710Michael A. Grow2976573TRADEMARK

PRINCIPAL

LIVE--------16

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