The Saul Zaentz Co. has now filed a countersuit against the Tolkien Estate, whom they believe are objecting to the “Lord of the Rings” slot machines and online games in bad faith.
The counterclaim also argues that the fame generated for Tolkien’s work is “largely the result of the dedicated efforts of Zaentz and its licensees (including Warner Bros.) over the past four decades.”
This follows the lawsuit filed last November by the Tolkien Estate, who alleged that Warner Bros. had infringed upon copyrights and breached their contract via the aforementioned slot machines and online games. The lawsuit accused The Saul Zaentz Co., New Line, and Warner Bros. of, “with increasing boldness, [engaging] in a continuing and escalating pattern of usurping rights to which they are not entitled” in regards to movie related merchandise.
They also claimed that the “Lord of the Rings” slot machines caused “irreparable harm to Tolkien’s legacy and reputation and the valuable goodwill generated by his works.”
“Fans have publicly expressed confusion and consternation at seeing The Lord of The Rings associated with the morally-questionable (and decidedly non-literary) world of online and casino gambling,” the lawsuit read.
The Saul Zaentz Co. argued that the agreements made in 1969 “impose no restriction whatsoever on the nature of the products, services, or businesses with with Zaentz’s and its licensees’ films may be associated, except for a limitation on certain print publications not at issue.”
Additionally, Zaentz and Warner Bros. claim they had been exploiting online video games and gambling for a long time with no objection; and, according to Zaentz, the parties had confirmed the rights to online video games in 1996.
Now, a declaration that Zaentz has the right to use Tolkien motifs in connection with non-“tangible” merchandise – such as hotels, restaurants, travel agencies, ringtones, and more – is being sought.
5 Comments