Tolkien’s Estate Doesn’t Want Anyone Using a “Bagg-ins” Catheter Bag

If they had Lord of the Rings branded medical devices, who could say no?  Well, the estate of the late author, J.R.R. Tolkien, doesn’t want you to think that you are using a Tolkien branded device as it opposed the trademark registration for a catheter bag called “Bagg-ins”.
bilboMary Marshall Enterprises, Inc. is a medical device company that has several patents on catheter bags.  In September, in association with one of these products, Mary Marshall filed a trademark registration for the term BAGG-INS for “medical devices used for supporting fluid and waste collection bags”.  Hard to tell if the company was paying homage to the Tolkien character but there does not appear to be a hairy-footed hobbit pictured on the bags themselves.
The company that owns Tolkien’s trademark thinks the name of this handy medical device is trying to create some association with its BILBO BAGGINS and FRODO BAGGINS trademarks.  Since 1937, the original publication of The Hobbit, Tolkien and his estate have utilized the Baggins clan and registered trademarks related to the names.  In fact, according to the trademark opposition, behind the Bible the Lord of the Rings is second-most popular among men.
Tolkien’s Estate claims that Mary Marshall knew of the Lord of the Rings books and movies and adopted the BAGG-INS mark in bad faith with intent to cause confusion and deception and to create a false suggestion that the mark is associated with Tolkien’s trademarks and works.  Tolkien’s estate wants the registration refused or it unleashes Smaug.