By Steve HoldenNewsbeat entertainment reporter
Actor Andy Serkis plays Gollum in The Hobbit: An Unexpected Journey The studio behind the film Age of the Hobbits says a restraining order on its release is a "temporary setback".It's after producers of The Hobbit: An Unexpected Journey went to court to block the DVD release, claiming it breached trademarks.
A judge in California agreed and temporarily stopped Age of the Hobbits from going on sale.
The movie is a so-called 'mockbuster' produced by an LA-based studio called The Asylum.
In a written statement, The Asylum said: "We continue to believe that this frivolous lawsuit was filed to divert attention from the adverse publicity and poor reviews received by The Hobbit movie.
"The TRO is a temporary setback. We will have the opportunity to present our own market research study and other evidence on 28 January to rebut plaintiffs' contention that anyone would confuse our DVD with their theatrical movie."
Mockbusters
The Asylum has produced dozens of mockbusters including Transmorphers and Paranormal Entity.
They're usually films with titles and plotlines that reflect and parody major film releases.
The director of The Hobbit: An Unexpected Journey has been critical of this particular mockbuster.
Peter Jackson told Newsbeat: "If you want to do something like the Hobbit then give us an original story with original characters and an original name."
The Hobbit: An Unexpected Journey "That's what we want to see, something that's imaginative and something we haven't seen before."
Clash of the Empires?On the Asylum's website, the Age of the Hobbits has seemingly changed its name to become Clash of the Empires.
Its plot mentions a young tribesman called Goben who must join forces with humans to "free his people and vanquish their enemies".
The Asylum had argued that its film was not trying to deceive viewers or use the debut of The Hobbit: An Unexpected Journey to boost its own profits.
"We maintain our position that the film title 'Age of the Hobbits' is authorized and protected under the law."
"We will continue to vigorously defend the pending lawsuit and prosecute our counterclaim against Warner Bros., New Line, MGM and The Saul Zaentz Company."
Peter Jackson's The Hobbit: An Unexpected Journey has had impressive box office takings so far, despite some luke-warm reviews from critics.
Martin Freeman plays Bilbo Baggins 
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