...lawyers for Warner Bros. subsidiary New Line Cinema, which is producing The Hobbit, and The Zaentz Co., which controls trademark rights to the book, have threatened Burbank-based The Asylum, arguing that its upcoming Age of the Hobbits violates the trademark in the protected phrase and threatening legal action if it doesn't change the title.But The Asylum went full blown nerd on them with what I think is an awesome take on their film:
"Age of the Hobbits is about the real-life human subspecies, Homo Floresiensis, discovered in 2003 in Indonesia, which have been uniformly referred to as 'Hobbits' in the scientific community," a rep for The Asylum tells THR in a statement. "As such, the use of the term 'Hobbits' is protected under the legal doctrines of nominal and traditional fair use. Indeed, a simple Google search of Hobbits and archaeology reveals dozens of articles containing the term "Hobbit(s)" in the title."Well played, Asylum! Well played!
The synopsis for The Asylum's film reads:
In an ancient age, the small, peace-loving Hobbits are enslaved by the Java Men, a race of flesh-eating dragon-riders. The young Hobbit Goben must join forces with their neighbor giants, the humans, to free his people and vanquish their enemies.