I’m a little bit surprised that the Tolkien estate never sued them for that. I suppose the terms were never copyrighted…? But at the same time, appropriating a character or concept name from a copyrighted work and using it as a company name does seem like something a good lawyer could work with… but idk, I’m not an attorney.
I know Verizon has to pay Lucasfilm to use the term “Droid” for their Android phones, back when iPhones were AT&T exclusives and they were using the slogan Droid Does, but I think Lucasfilm had also specifically trademarked/copyrighted/whatever the term. I remember projects like Trillian and Babelfish took their names from the Douglas Adams Hitchhiker’s Guide properties but I don’t think they did any licensing.
FYI: in most countries, something is granted a copyright simply by virtue of having been published. If the claimant has unpublished work, they can still make a claim if they can prove provenance. Copyright is something that happens (more or less) automatically.
The sticky part is that it’s a civil offense, and challenges must be extensively adjudicated-- which is often very expensive.
Not only that, but there’s a difference between copyright and trademark. A name alone isn’t really copyrightable, especially not if its then used in a wildly different context.
That’s why all important names of creative IP generally is trademarked too.
If you build a car you can’t name it Mickey Mouse (not using any of the art, typography or anything else from Disney), not because of copyright, but because Disney holds a trademark for that name.
In trademark law, prior usage by someone else doesn’t work like in patent law. In patent law it makes the patent invalid. In trademark law it only means that the other user that’s been using the trademark before the trademark was established is allowed to continue using it, but the trademark is not invalidated.
So the Tolkien Estate can continue to use the name Anduil, and Anduil the company cannot go after them, but the Tolkien Estate can also not stop Anduil the company to use that name.
I’m a little bit surprised that the Tolkien estate never sued them for that. I suppose the terms were never copyrighted…? But at the same time, appropriating a character or concept name from a copyrighted work and using it as a company name does seem like something a good lawyer could work with… but idk, I’m not an attorney.
I know Verizon has to pay Lucasfilm to use the term “Droid” for their Android phones, back when iPhones were AT&T exclusives and they were using the slogan Droid Does, but I think Lucasfilm had also specifically trademarked/copyrighted/whatever the term. I remember projects like Trillian and Babelfish took their names from the Douglas Adams Hitchhiker’s Guide properties but I don’t think they did any licensing.
Trademark law would apply. Tolkien estate presumably never used or even registered them as trademarks.
Another comment mentions Droid phone. In that case, Lucasfilm had registered “Droid” as a trademark.
FYI: in most countries, something is granted a copyright simply by virtue of having been published. If the claimant has unpublished work, they can still make a claim if they can prove provenance. Copyright is something that happens (more or less) automatically.
The sticky part is that it’s a civil offense, and challenges must be extensively adjudicated-- which is often very expensive.
Not only that, but there’s a difference between copyright and trademark. A name alone isn’t really copyrightable, especially not if its then used in a wildly different context.
That’s why all important names of creative IP generally is trademarked too.
If you build a car you can’t name it Mickey Mouse (not using any of the art, typography or anything else from Disney), not because of copyright, but because Disney holds a trademark for that name.
In trademark law, prior usage by someone else doesn’t work like in patent law. In patent law it makes the patent invalid. In trademark law it only means that the other user that’s been using the trademark before the trademark was established is allowed to continue using it, but the trademark is not invalidated.
So the Tolkien Estate can continue to use the name Anduil, and Anduil the company cannot go after them, but the Tolkien Estate can also not stop Anduil the company to use that name.