Per comments from Holmes himself, the idea for the name had nothing to do with Tolkien’s works, nor the movie. It was instead to denote royalty and lordship. I have seen nothing in any of the reporting to indicate that this had to do with anything other than the name of the food truck. The truck wasn’t going to be themed after the books or films. There wasn’t going to be any trade dress or vehicle wraps harkening back to those works of fiction. There wasn’t to be a flavor of chicken called “One wing to rule them all.”
So trademark holders being douchebags as usual. The Lord of the Rings isn’t associated with chicken wings in anyway so how could consumers be confused?
I’ve also never understood things like this from a marketing perspective. Like this is definitely dissimilar, but even if it were an on the nose deal with like “Sauron Sauce” or whatever as one of their offerings, you’re still getting recognition.
Even if the Tolkien estate were concerned about the cheapening of their “brand”, who tf cares? It’s obviously not about that, because I just checked and there is a line of LOTR Funko Pops for fuck’s sake.
And if a work like The Lord of the Rings can’t stand on its own (with regard to seriousness and artistic value) with the addition of kitschy wing trucks, I don’t know what else would.
Seems like a win-win to me, but then again, I fucking hate trademarking and patenting laws in general. Intellectual property is a pretty spurious concept at best and courts around the world have consistently shown it is a tool used to quash innovation, promote stagnant wealth, and keep the heel on the middle and lower classes.
Confusion isn’t the only issue. There’s also trademark dilution.
In law, dilution refers to the use of a trademark or trade name in commerce that is sufficiently similar to a famous mark that by association it confuses or diminishes the public’s perception of the famous mark.
In dilution, confusion literally is the issue. The point is: literally fucking nobody would be confused.
Just ask Apple Music how well that went fighting Apple Computers for 40 fucking years or so.
It ended with Apple Music putting all the Beatles music catalogue on iTunes.
Nobody was ever confused about Apple Music and Apple Computers.
Just like nobody would be confused by this, considering it has no relation to LOTR other than a name.
The funny thing is Lord if the Rings is actually public domain in New Zealand as of January this year.
Ehhh…I could see this if it was book or reading related or if they are using a Wizard or the like eating wings in their logo.
But otherwise this is a far stretch.
Simple, just rename the food truck Return of the Wing
What about “Lord of the Fries”? If that one doesn’t get shutdown then neither should this one.
That’s for lots of the flies, though, less litigious as less commercilisation. I’m fact, keeping it in the public consciousness is likely to the published benefit.
If they come after Jason Donner Van there’ll be trouble.
