In a battle between a fantasy book franchise and a vegan fast-food chain, who will be named "Lord of the" courtroom?
The rights holder of the Lord of the Rings novels and films, Middle-earth Enterprises, has launched another attack to take its precious title.
It follows an unsuccessful bid in March, where the franchise attempted to block an Australian vegan hamburger chain from trademarking the words "Lord of the" in its name.
Lord of the Fries has been selling items under its name since 2004 and sought to offer plant-based macaroni and cheese under the trademark in 2022.
The case came before a registrar of trademarks in the federal government agency, IP Australia.
Middle-earth argued it had been successful in other similar trademark applications made globally, and used the mark to sell various items including boardgames, clothing and toys.
But Lord of the Fries said there were many examples of similar marks including Lord of the Pies and the business operated as a niche in an entirely different reputation to the Middle-earth franchise.
The registrar delegate, Nicholas Smith, found the names were not deceptively similar and that Middle-earth had cherry-picked evidence in suggesting the connection.
The matter has since been escalated to Sydney's Federal Court, after Middle-earth's lawyers filed an appeal against the IP Australia decision on March 25.
The grounds for appeal were many and varied, the franchise's lawyer Shauna Ross told Justice Michael Lee.
"My client's case is that Your Honour find the mark should be refused," she said on Thursday.
The grounds for appeal included that Lord of the Fries does not own the trademark and that the IP Australia decision was adverse to Middle-earth, who is the true owner of the mark, Ms Ross said.
Justice Lee ordered both parties attend a mediation before June 20.
If the case is not resolved through mediation, Justice Lee said he would assign the matter to a referee, who would then prepare a report for the decision.
"The reality is I don't have time to look at this matter this year," he said.
Lord of the Fries and Middle-earth Enterprises have been contacted for comment.
