Hollywood “bullies” are threatening legal action against north-east campsites for advertising glamping pods as “Hobbit huts”.
The Shepherd’s Loch site at Fisherie, on the outskirts of Turriff, and Hideaway Under The Stars at Aberlour have both received menacing messages.
Legal eagles are “swooping” on small firms over the “unlawful activity”, raising the prospect of “formal action” over the trademarked term.
Now the campsites, who thought the name had a nice ring to it, have been left scrambling to rebrand after being given just a fortnight to make changes.
One does not simply… Advertise ‘Hobbit huts’ and get away with it!
Taking advantage of a renewed interest in the great outdoors, the owners of Shepherd’s Loch created a yurt and a few “quirky” huts on Clochforbie Farm 18 months ago.
They thought little of referring to one round building with a grassy roof as their “Hobbit hut”.
They say this was purely due to its resemblance to the homes of the JRR Tolkien creatures from the Lord of the Rings, rather than an attempt to cash in on its popularity.
Manager Mimi Uys thought it was a joke when a sternly written email arrived from lawyers representing the Saul Zaentz Company (SZC) in California…
Legal action threat over Hobbit huts
SZC is the parent company of Middle-earth Enterprises, which owns the worldwide rights to Lord of the Rings.
On their behalf, London-based law firm Simmons and Simmons accused the campsite of “taking unfair advantage” of the trademarked term.
The letter concludes: “In such circumstances, SZC is entitled to take legal action against you.”
Mimi says she had “no idea” referring to the eye-catching accommodation as a “Hobbit house” risked incurring the wrath of Hollywood lawyers.
‘We thought somebody was having a laugh!’
And she is now warning others to be wary of using copyrighted terms, even if it may seem innocuous.
She said: “We used the word to describe the hut, we weren’t claiming it was affiliated with the film or anything like that.
“When we got the email we thought somebody was having a laugh!
“We are a small local business on a farm, not a big corporation.
“It’s ridiculous a big company like that would go after us.
“We have now removed any reference to the word ‘Hobbit’ from our advertising, we don’t want to get in trouble.”
‘Bullying’ claim over Hobbit huts email
Kim Siu opened her “Hobbit Hideaway” near Aberlour in March 2019, describing stays in the hut as “a soul-nourishing and magical experience”.
Last December, she received a similar email.
Kim said she felt “bullied into changing the name” after first questioning whether the communication was “a scam”.
She added: “It was accusing us of riding on the back of their success.
“Even though I feel it’s just a description, I didn’t want to stand up against them.
“We always felt that our hut was encouraging people who already loved Lord of the Rings to love it even more.
“Actually, I used to wonder if maybe it wasn’t ‘Hobbitsy’ enough…
“We were a while trying to think of a new name, and it was while brainstorming with my daughters at Christmas that we settled on ‘Hideaway Under the Stars’.
“And the support we received from our visitors reminded me how much people love our little place.”
Aspiring glamping site owner forewarned
It is understood that various travel directories have also been approached and advised to change their listings to remove any Tolkien-esque references.
The Press and Journal has since contacted Gavin Drummond, a landowner who is currently seeking permission for a glamping site at Whitecairns.
Papers lodged with Aberdeenshire Council make reference to some of the accommodation as “Hobbit huts”.
Gavin says he will carefully consider how he advertises the site should it be granted planning permission.
Lawyers can get ‘precious’ about these things…
SZC owns the worldwide rights to several brands associated with author JRR Tolkien, including The Hobbit and The Lord of The Rings.
It is fiercely protective of its trademarks, and has caused controversy by taking on several small businesses over the years.
In 2012, the Hobbit pub in Southampton was targeted.
Later that same year, the Hungry Hobbit cafe in Birmingham came under threat as well.
Who was Saul Zaentz?
Saul Zaentz, who died in 2014, was an American music and movie mogul who specialised in adapting novels.
After building his fortune on the back of Credence Clearwater Revival, he bought the worldwide film, stage, and merchandise rights to The Hobbit and The Lord of the Rings in 1976.
Last month, it was reported that SZC is looking to sell the rights – for an estimated two billion dollars.
It could be that the renewed onslaught against those deemed to be infringing on SZC’s intellectual property is linked to the sale plans.
Simmons and Simmons was approached for comment.
