board77

ellienor wrote:

Like I said before such unauthorized users can do things that the Estate wouldn't approve of, and since people don't necessarily know that, the Estate winds up being "tarnished" i.e., people think badly of them for acts they are not responsible for. For example, people who didn't know that TORC was NOT associated with the Estate, after Ted's feces throwing fit, would think that this was the way that the Estate wanted things!

Quote:

COPYRIGHT 1999-2005 - Tolkien Online - The One Ring
Tolkien Online is administered by everyday fans of J.R.R. Tolkien and Lord of the Rings. Tolkien Online is not affiliated in any way with the Tolkien Estate or Tolkien Enterprises. Certain materials such as books, films, articles and other promotional materials are held by their respective owners and is allowed under the fair use clause of the Copyright Law.
Certain design elements of this webpage are copyright John Howe, and can be found here.

Wilma wrote:

Could it be because the TORC collects funds using the Tolkein name? People pay for premiere membership. I always thought it was sticky having people pay for something on a fan site that is not officially connected with the estate.

Ted wrote:

RE: Tolkien Online Merchandise

We write as U.S. counsel to the heirs and successors in interest of Professor J.R.R. Tolkien (the "Estate"), with regard to your website www.tolkienonline.com. It has come to the Estate's attention that you are selling merchandise through your website that incorporates the Estates valuable trademarks, without authorization by the Estate. In light of this infringement of the Estate's rights, we demand that you immediately stop selling such merchandise and transfer the www.tolkienonline.com domain name to the Estate.

The Estate hold valid and subsisting federal trademark registrations for the mark TOLKIEN in connection with various products and services, as well as federal registrations for the Tolkien monogram. In addition, the Estate holds common law trademark rights in both marks. As shown in the attached examples, you currently offer for sale numerous unauthorized products incorporating these trademarks. This constitutes blatant trademark infringements under federal and state law.

Additionally, your use of the trade name "Tolkien Online" and the domain name www.tolkienonline.com in connection with the above infringing activities constitutes an independent trademark infringement, and a violation of the Anit-Cybersquatting Prevention Act, respectively. Further, your bad faith registration and use of the domain name constitutes a violation of the Uniform Dispute Resolution Policy of Internet Corporation for Assigned Names and Numbers, to which all".com" domains registrants subscribe as a condition to registration.

Accordingly, we hereby demand on behalf of our client that you immediately (i) cease and desist all further manufacture, distribution and sale of the infringing products; (ii) recall and or destroy all copies of the infringing products in your possession or control; (iii) provide an accounting of sale to date, if any, of all infringing products; (iv) certify in writing to the undersigned that you will not manufacture, distribute, sell, or license others to manufacture, distribute, or sell the infringing product in the future; (v) cease and desist all further use of the trade name "Tolkien Online"; and (vi) arrange for the transfer of the domain name www.tolkienonline.com to the Estate.

Unless you immediately comply with the above-stated demands and advice the undersigned in writing within Seven (7) business days of the date hereof of your intention to do the same, the Estate will have no choice but to pursue all appropriate legal remedies against you, including but not limited to seeking injunctive relief and damages. The forgoing is written without waiver of or prejudice of the rights of our client, all of which are expressly reserved.

The forgoing is written without waiver of the Estate's rights, all of which are expressly reserved.