OH, CRUMBS! A Birmingham cafe trading under the name of the Hungry Hobbit has been threatened with legal action if it doesn’t rebrand.

Lawyers representing the Estate of JRR Tolkien and The Saul Zaentz Company (SZC, trading as Middle-earth Enterprises) have offered to let the owner of the Wake Green Road cafe in Moseley “phase out any use of the name Hungry Hobbit with a reasonable time”.

But they said failure to do so would leave international law firm Edwards Wildman with “no alternative but to pursue all the remedies afforded by law”.

A letter entitled ‘Unauthorised Use of Hobbit’ was written by London practice partner John Olsen on October 25, 2011.

It said SZC had “used and licensed others to use the Hobbit mark, and other marks derived from the Hobbit books, in the UK and many other countries for decades”.

The letter continued: “Only those who qualify for a trademark licence may use Hobbit and other marks registered by SZC.”

Shop owner Wendy Busst said: “The name has been in used for about six years through two previous owners.

“I’ve only been here for six months and it’s my first business having worked in industrial and school catering.

“Instead of just being a sandwich shop, we’ve just been granted an A3 licence by the city council to enable more people to sit in eating home-cooked food.

“The letter came out of the blue and said we were a new cafe when we are not.

“I have emailed a letter back to them pointing this out, but I haven’t heard back.

“We are just a small cafe with a real community feel – everyone comes in here from care home staff to city council workers and police.