Accio lawsuit! This week’s issue of the BL Business Branding Series explores how Warner Bros. is taking action to enforce its trademark rights over alleged counterfeiters looking to cash in on the multi-billion dollar Harry Potter franchise.
Last week, Warner Bros. Entertainment Inc. filed a lawsuit against various online merchants it claims are infringing on its iconic Harry Potter-related trademarks by tricking consumers into believing they are authorized sellers. In addition to requesting the court order defendants to stop selling the unauthorized merchandise and pay profits made from doing so back to Warner Bros., it also asks the court to order online marketplaces like Amazon, Walmart, and Temu to disable any advertisements that promote the infringing goods.
Warner Bros. captured lightning in a bottle with the Harry Potter series, filled with unique features and phrases that have helped the HP universe remain a pop culture staple for over 20 years. As part of the filing, the company provided a list of over 300 trademarks it owns, ranging from the Hogwarts house crests to Butterbeer, that have helped define Harry Potter as an iconic brand. Warner Bros.’s decision to secure the exclusive rights to so many distinctive features of Harry Potter’s famous world helped to establish a network of partnerships and licensed sellers to tightly control the representation of the Harry Potter brand and the quality of the merchandise associated with it.
Warner Bros. claims the defendants are confusing consumers and irreparably harming the company by selling products that do not meet its quality standards. In addition to listing unlicensed products, Warner Bros. claims some of the infringing companies use these protected marks in the “content, text, and/or meta tags of their e-commerce stores” to ensure their fraudulent listings appear in search engine results, further muddying the exclusive use of the very distinguishable marks. This alleged deception not only harms customers who unknowingly buy unlicensed goods, but greatly reduces the value of Warner Bros.’ licensing agreements if counterfeiters are posing as legitimate licensees.
Although the lawsuit is still in the early stages, it is safe to assume that Warner Bros. will vigorously pursue action against these alleged infringers to maintain tight control of its magical brand. With the new Harry Potter TV show set to premier on HBO in 2026 and likely slew of new merchandise set to go along with it, it makes sense for Warner Bros. to attack the unauthorized competition as it gets ready to inject new life into the wizarding world and introduce Hogwarts to a new generation.
What Can Businesses Learn From This?
Registration with the USPTO is only the beginning of trademark stewardship. Regularly checking the marketplace and policing infringers is critical for maintaining your right to exclusive use of your trademark. Registering your trademark without policing it is like installing a security system but not turning it on – it cannot protect you if you do not follow through. Not only does regular enforcement prevent other companies from profiting off your reputation, it is essential for preventing them from eroding your goodwill in the marketplace and helps to preserve the value of your mark. The more prestigious and exclusive a trademark is, the more valuable authorized access is to licensees. By proactively going after the companies infringing on these trademarks before the push for the new TV show begins, Warner Bros. is setting itself up for success rather than releasing all of its new merchandise in a market flooded with counterfeit competition.
Have any questions about how trademarks can help elevate your business? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.