It wasn’t quite Orcs against Men, but a years-long trademark dispute launched by the controllers of the “Lord of the Rings” name has been fought and won.
US-based Middle-earth Enterprises LLC, formerly known as Tolkien Enterprises, contested an application by the Australian vegetarian fast food chain to trademark the words “Lord of the”.
In its paperwork, Middle-earth Enterprises pointed out that its legals had successfully stopped applications in the past, including a business that had attempted to trademark the name Lord of the Wings.
A statement from IP Australia, which had heard the dispute, including the presentation of evidence from both sides, and a hearing, published the outcome on Monday, March 3rd. “Opposition unsuccessful,” it reads.
Trade Marks registrar delegate Nicholas Smith said in his ruling that Middle-earth sought to “make much of the fact that the decision in 2004 to adopt Lord of the Fries was a play on William Golding’s classic 1954 novel Lord of the Flies to trigger consumer curiosity and suggests that it could also be a play on Lord of the Rings,” The Age reports.
Based in Melbourne, Lord of the Fries opened for business in 2004 and has, according to its representatives, a “distinct niche as a convenient, vegan fast food restaurant that operates in an entirely different reputation” to that of Middle-earth Enterprises.
Also, their legals noted during the case, “many examples of use of similar marks” can be found in business and popular culture, including Lord of the Pies and Lord of the Dance. The restaurant chain’s reps points out, “many examples of use of similar marks” including Lord of the Pies and Lord of the Dance.
With its plant-based menu of burgers, hot dogs and more, Lord of the Fries has expanded to Queensland, South Australia, Western Australia and New Zealand.
Those meals aren’t to be confused with J.R.R. Tolkien’s classic fantasy novels on the ancient fight for Middle Earth, stories that were converted into cinema gold by Kiwi director Peter Jackson. The trilogy raked in billions at the global box office and scooped a total of 17 Oscars, including 11 for the final chapter, “The Return of the King”.
As previously reported, Warner Bros. will release the first of its new batch of live-action “The Lord of the Rings” films in 2026, which will focus on Andy Serkis’ Gollum.
Jackson and his partners Fran Walsh and Philippa Boyens are producing the movie and “will be involved every step of the way,” Warner Bros. Discovery CEO David Zaslav said during an earnings call last year.