9th Circ. Won't Lift Copyright Injunction On 'Age Of Hobbits'

Law360, Los Angeles (October 30, 2013, 10:25 PM EDT) -- A low-budget filmmaker lost its appeal to end a preliminary injunction against its use of the word “Hobbit” in a movie title Wednesday, when the Ninth Circuit ruled the name didn’t qualify as fair use.

The three-judge panel found that the district court properly recognized that the nominative fair use defense used by The Global Asylum Inc. in its bid to lift the injunction wasn’t available to the filmmaker because it used “Hobbit” to refer to the characters in its film, and not the fictional characters...
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