The heirs of late author JRR Tolkien are suing the producers of The Lord of the Rings and The Hobbit film trilogies over what they say is exploitative merchandising.

Not only does the production of gambling games patently exceed the scope of defendants’ rights, but this infringing conduct has outraged Tolkien’s devoted fan base

The lawsuit, filed in US District Court in Los Angeles, comes a week before the premiere of The Hobbit: an Unexpected Journey in Wellington, New Zealand. The opening film in the trilogy hits world cinemas next month.

The estate of Tolkien is upset at what it calls “morally questionable” digital marketing including an online slot machine, according to a copy of the lawsuit obtained by The Hollywood Reporter.

The Tolkien estate is seeking $80 million (€62.6 million) from Warner Bros, its New Line subsidiary and rights holder Saul Zaentz Co.

Warner Bros declined to comment on the claims.

Tolkien’s family says a merchandising agreement extends only to tangible products such as figurines and clothing and not to electronic rights.

“Not only does the production of gambling games patently exceed the scope of defendants’ rights, but this infringing conduct has outraged Tolkien’s devoted fan base, causing irreparable harm to Tolkien’s legacy and reputation and the valuable goodwill generated by his works,” the family claims in the lawsuit.

The family says lengthy discussions with the producers over the disagreement proved fruitless and that it fears the scope of online merchandising will only increase with the release of the Hobbit films.

Tolkien’s heirs settled a lawsuit over the Lord of the Rings films for an undisclosed amount in 2009, allowing production to proceed on The Hobbit.

That lawsuit against New Line Cinema claimed Tolkien’s trust received only an upfront payment of $62,500 (€48,978) for the three films before production began, but was due 7.5 per cent of the gross receipts.

The Rings films earned an estimated $6 billion (€4.7 billion) from film tickets, DVDs and merchandise.

Drawing competition

Euro Media Forum, Science is Culture, in conjunction with Eden Cinemas, have launched The Hobbit drawing competition, the winner of which will receive two tickets to attend the midnight premiere of the much-awaited The Hobbit: An Unexpected Journey on December 14.

The second prize is a complimentary voucher valid for two persons for any other film.

Participants, who must be over 16 years, are required to draw and colour their favourite Hobbit or Lord of the Rings character.

Each participant is allowed one entry, which should be on A4 paper, and include full name, age, address, telephone number and ID number.

Entries can be sent, or delivered by hand, to the Workers Memorial Building, South Street, Valletta, VLT 11, during office hours. Closing date is December 10 at 3pm.

All entries will be exhibited at the Memorial Building during an event titled The Return to Middle Earth – How Lord of the Rings Began held on December 10 at 6pm. The winners will be announced on the day.

An exhibition featuring Lord of the Rings and Hobbit memorabilia will also be held at the premises from December 10 to 12. Entrance is free.

For more information call 99454066, e-mail euromediaforum@gmail.com or visit the Euro Media Forum Facebook page.

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