The original work "The Lord of the Rings" was written in 1954 and is the foundation of modern fantasy. The so-called orcs, elves and other concepts were recreated by its author Tolkien from Norse mythology. Today these fantasy concepts are found in all kinds of fantasy novels and video games. "Lord of the Rings" has a profound influence in Europe and the United States. Many people grew up reading this book. Most of the staff at Blizzard are also fans of "Lord of the Rings".
To sum up, many current European and American fantasy works (including games) are descendants of "The Lord of the Rings" - it is normal for one's own works to be influenced by it, this does not exist Infringement issues.