By tolkienbrasil
Just can't stay away

Tolkienbrasil.com

4 Mar, 2014
2014-3-4 10:26:26 PM UTC

I am planning to republish these books that Tolkien read and had some influence on his work. It Will be a series of books which I call "The J.R.R.Tolkien’s Library"

1. The Princess and the Goblin by George MacDonald
2. The Princess and Curtie by George MacDonald
3. Dealings with the Fairies by George MacDonald
4. Phantastes: A Faerie Romance for Men and Wome by George MacDonald
5. Adela Cathcart by George MacDonald

6. The Red fairy book by Andrew lang
7. Stories for my Children by E.H. Knatchbull=Hugessen
8. The Wind in the willow by Kenneth Grahame
9. The Marvellous Land of Snergs
10. Five children and it by Edith Nesbit
11. The Story of the Amulet by Edith Nesbit
12. Phonix and the carpet by Edith Nesbit

13. Kalevala translated by W.F. Kirby
14. Poet Edda
15. Prose or younger edda
16. Hervarar saga ok Heiðreks (The Saga of Hervar and Heidrek)
17. Volsunga saga translated by William morris
18. The story of Sigurd the Volsung and the fall of the Niblungs trans by William morris
19. The Nibelungenlied

20. The house of the wolfing by William morris
21. The life and death of Jason by William morris
22. The Roots of the Mountains by William Morris
23. The Defence of Guenevere and other Poems William Morris,

24. Sir Gawain and the green knight
25. Le Morte d'Arthur by Sir Thomas Malory
26. Faerie Queene Edmund Spencer
27. The tale of Beowulf, sometime king trans by William morris
28. Beowulf
29. Pearl, edited by Charles Osgood.
30. Cantebury Tales by Chaucer
31. Celtic Britain by John Rhys

32. The Wanderer: Elegies, Epics, Riddles - Poem's from England's ancient origins
33. The Black Douglas by S. R. Crockett
34. The lost explorers: a tale of the trackless desert by Alexander macdonald
35. Scouting for buller by Herbert hayens
36. The Book of Wonder by Lord Dunsany
37. A Voyage to Arcturus, by David Lindsay
38. The Worm Ouroboros by Eric Rücker Eddison
39. She: A History of Adventure by H. Rider Haggard

40. Orthodoxy by chesterton
41. Heretics by chesterton
42. The everlasting man by chesterton
43. The coloured lands by chesterton
44. Ouline of sanity by chesterton

45. A primer of the gothic language by joseph wright
46. Grammar of the Gothic Language by joseph wright
47. A finish grammar by CNE eliot
48. A welsh grammar by sir john morris jones

I made the list based on information from JRR Tolkien Companion and guide and biography of Humphrey Carpenter. Do you suggest any other book that might be on that list?

Eduardo Stark
www.tolkienbrasil.com

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Stu

4 Mar, 2014
2014-3-4 11:24:03 PM UTC

tolkienbrasil wrote:
I am planning to republish these books that Tolkien read and had some influence on his work. It Will be a series of books which I call "The J.R.R.Tolkien’s Library"

I can't say I like the idea, much (no disrespect to you). Just because Tolkien enjoyed or was influenced by a work doesn't really qualify him to have his name stuck on the cover (even as a series title). It just seems misleading to me. Edit: Also not sure how the Tolkien Estate would feel about it?

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tolkienbrasil
Just can't stay away

4 Mar, 2014
2014-3-4 11:45:03 PM UTC

If you do not like I dont want to argue about it, since is a matter of personal taste.

The books edited together, at least for me, will be a good addition, since it allows me to understand some sources of Professor Tolkien.

Copyright: There is no problem, since will not use any text written by Tolkien without permission of Estate. The only thing really coming from Tolkien is his name in some part of backcover or frontcover. And names are not copyrighted.

There are already books like that. As the Penguin publisher has already made, but they published just few books.

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Stu

5 Mar, 2014
2014-3-5 1:44:18 AM UTC

tolkienbrasil wrote:
If you do not like I dont want to argue about it, since is a matter of personal taste.

The books edited together, at least for me, will be a good addition, since it allows me to understand some sources of Professor Tolkien.

Copyright: There is no problem, since will not use any text written by Tolkien without permission of Estate. The only thing really coming from Tolkien is his name in some part of backcover or frontcover. And names are not copyrighted.

There are already books like that. As the Penguin publisher has already made, but they published just few books.

I'll leave you to it, but be aware the estate are notoriously touchy and litigious in such matters. I'm not interested in arguing, either, by the way.

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Findegil

5 Mar, 2014
2014-3-5 12:38:57 PM UTC

Names can't be copyrighted, but "Tolkien" is trademarked.

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tolkienbrasil
Just can't stay away

5 Mar, 2014
2014-3-5 2:46:16 PM UTC

Yes "Tolkien" is a trademark.

You can see the trademark registrations:
here: http://www.ipo.gov.uk/tmcase/Results/4/EU002843332
here:http://www.ipo.gov.uk/tmcase/Results/4/EU002843381

And especilay the "Tolkien" trademark:
here: http://www.ipo.gov.uk/tmcase/Results/1/UK00002386666

As described in the registration trademark. Here is the list of goods that "Tolkien" trademark could be aply:

"Class 6
Decorative articles made of bronze and common metal; figurines of bronze and common metal.
Class 14
Articles of jewellery; trinkets worn on the person; costume jewellery; badges of precious metal; watches; clocks.
Class 21
Glassware, china, porcelain and earthenware; articles of glass, china, porcelain and earthenware for household use; mugs, cups, crockery, ornaments and figurines made of glass, china, porcelain and earthenware; goblets not of precious metal.
Class 25
Clothing; casual clothing; T-shirts and sweat shirts; headwear; scarves; gloves; fancy dress costumes.
Class 26
Novelty and souvenir badges for wear, not of precious metal.

Publishing books using Tolkien's name in covers is not a matter of trademark registration. Otherwise Tolkien Estate would have the work to sue millons of authors for using the name Tolkien in cover.

This kind of debate I find interesting because I'm a lawyer. I see no reason to bother Cathleen Blackburn with this matter, but certly I will contact her before the publication of this books, in respect to Tolkien Estate and for safe of the Tolkien's books that already have been work with their permission.

But the question of the topic is about other books you know that could be added to this list. Could someone here help me or do you prefer talk about aplications of law?

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Stu

5 Mar, 2014
2014-3-5 8:55:40 PM UTC

tolkienbrasil wrote:
Yes "Tolkien" is a trademark.

You can see the trademark registrations:
here: http://www.ipo.gov.uk/tmcase/Results/4/EU002843332
here:http://www.ipo.gov.uk/tmcase/Results/4/EU002843381

And especilay the "Tolkien" trademark:
here: http://www.ipo.gov.uk/tmcase/Results/1/UK00002386666

As described in the registration trademark. Here is the list of goods that "Tolkien" trademark could be aply:

"Class 6
Decorative articles made of bronze and common metal; figurines of bronze and common metal.
Class 14
Articles of jewellery; trinkets worn on the person; costume jewellery; badges of precious metal; watches; clocks.
Class 21
Glassware, china, porcelain and earthenware; articles of glass, china, porcelain and earthenware for household use; mugs, cups, crockery, ornaments and figurines made of glass, china, porcelain and earthenware; goblets not of precious metal.
Class 25
Clothing; casual clothing; T-shirts and sweat shirts; headwear; scarves; gloves; fancy dress costumes.
Class 26
Novelty and souvenir badges for wear, not of precious metal.

Publishing books using Tolkien's name in covers is not a matter of trademark registration. Otherwise Tolkien Estate would have the work to sue millons of authors for using the name Tolkien in cover.

This kind of debate I find interesting because I'm a lawyer. I see no reason to bother Cathleen Blackburn with this matter, but certly I will contact her before the publication of this books, in respect to Tolkien Estate and for safe of the Tolkien's books that already have been work with their permission.

But the question of the topic is about other books you know that could be added to this list. Could someone here help me or do you prefer talk about aplications of law?

I think there is a huge difference (in terms of IP law) between writing a book about Tolkien (and his name being on the cover because the book is about him or his works) and using the title "J.R.R Tolkien's Library" as the tagline for a series of re-published books.

I'm sure you are aware that there have been published paperback and hardback sets called "The Tolkien Library", so your name is quite close to one the publisher has previously chosen to use (and presumably might use again). My impression from your first post (which I think you edited) was that you wanted to use this as your series title (and normally a series title is prominently displayed on the cover). This would, I believe, be an infringement of the Trademark.

But then I am (thankfully) not a lawyer, and what you do is your business.

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tolkienbrasil
Just can't stay away

6 Mar, 2014
2014-3-6 3:06:28 AM UTC

Please just read the list of goods that "Tolkien" trademark could be aply.

There is no problem in repeating the names of books. Example: https://www.amazon.com/J-R-R-Tolkien-B ... collsguid-20&linkCode=osi

But you have to agree that "J.R.R.Tolkien's Library" is not the same as "The Tolkien Library". Even if was the case, this is not a issue of trademark.

There is already a publication like this: http://www.tolkienlibrary.com/press/1 ... ien-get-new-cover-art.php

Why do you think that I edited the first post?

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Stu

6 Mar, 2014
2014-3-6 4:04:19 AM UTC

tolkienbrasil wrote:
Please just read the list of goods that "Tolkien" trademark could be aply.

There is no problem in repeating the names of books. Example: https://www.amazon.com/J-R-R-Tolkien-B ... collsguid-20&linkCode=osi

But you have to agree that "J.R.R.Tolkien's Library" is not the same as "The Tolkien Library". Even if was the case, this is not a issue of trademark.

There is already a publication like this: http://www.tolkienlibrary.com/press/1 ... ien-get-new-cover-art.php

Why do you think that I edited the first post?

Do I agree that two similar (but different names) are different? Yes, I can distinguish the differences (obviously).

However, as a lawyer, you do presumably understand that Trademark law is essentially about "confusion", so two things don't have to be identical for one of them to be infringing, there just has to be a likelihood of confusion among the public. There are many, many examples of trademark complaints where the wording or trade dress were significantly different but still considered similar enough to be a violation. I believe there is a significant difference between Penguin's "books that inspired Tolkien" and your "JRR Tolkien's Library", but I might well be wrong.

(As an aside, you do understand that your list of Trademarks that you keep insisting I look at is just those Trademarks registered in the UK and that there almost certainly will be others registered in other territories --or at least it would be very unusual if there weren't).

Look, it may be that you can do what you want to do and the titling isn't an issue at all. Just take the comments I have made and either take them onboard as being alternative opinions (to yours) that might be worth investigating or just ignore them, FFS.

I'm sure that others will chip in with public domain works to add to your list if they see fit.

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garm

6 Mar, 2014
2014-3-6 6:11:14 PM UTC

Looks like it's been done already -

http://www.tolkiensbookshelf.com/

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