By Allison Wadness
Fordham Intellectual Property, Media & Entertainment Law Journal
Harry Potter-themed condoms? Sounds magical! Not to Warner
Brothers, the distributor of the Harry Potter films, which has filed suit against the manufacturer of “Harry Popper” condoms, Magic X. The packaging of the disputed condoms
features a picture of a cartoon condom adorned with a wand and Harry
Potter-style glasses. Harry Popper launched in 2006 and was registered as a
trademark with Swissreg, the Swiss Federal Institute of Intellectual Property
in 2005. Warner Brothers has filed
an action for copyright infringement against Magic X in Switzerland and seeks
cancellation of the “Harry Popper” trademark registration. The Cantonal Court
in Schwyz is expected to make a ruling in a few weeks.
Magic X contends that the “Harry Popper” condoms have
nothing to do with the character, but Warner Brothers cries Hufflepuff. “This is clearly a reference to the film and fictional character Harry Potter. Everyone who sees the condoms automatically thinks of Harry Potter,” one Warner Brothers lawyer told the press.
Warner Brothers has successfully protected the Harry Potter
brand in the past in such countries as Germany and Austria. However, maybe this
little Popper can outlast the others.
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