Monday, August 23, 2010

Warner Bros. v. Magic X: Where the Rubber Meets the Road

Magic wand Harry PotterImage via Wikipedia
The Cantonal Court in Schwyz (Switzerland) is expected to decide in the coming weeks whether to ban a product registered in 2006 with Swissreg, the Swiss Federal Institute of Intellectual Property.

The product is the target of a copyright infringement claim by Warner Bros., overseer of the blockbuster Harry Potter film franchise, against manufacturer Magic X. The product? Harry Popper condoms.

As reported by the Website THR, Esq. ( and the online edition of The Daily Telegraph (, the Popper prophylactic's package boasts a cartoon condom adorned in Harry Potter-type glasses holding a magic wand.

Warners is breaking out the big guns to try to cancel the condom company's trademark registration, but counsel for Magic X insists their product is wholly unrelated to author J.K. Rowling's money-making boy wizard.  The battle has been waged throughout Europe, with Warners having successfully prosecuted its claims in Austria and Germany to date.

Despite its opposition to copyright infringement, the health-conscious staff of "TUOL" advocates protected sex, even if it means wearing Harry Popper condoms, to avoid getting "hog warts."

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