In one of those suits that is too funny not to report on, Warner Bros sued a Swiss condom manufacturer over use of the sign HARRY POPPER on condoms, including an image of a bespectacled boy waving a magic wand.
The Cantonal Court of Schwyz had no difficutlies to cancel the HARRY POPPER mark and issue a permanent injunction against Magic X AG, Pfäffikon (link goes to erotic store). In its decision of 17 August 2010 (the motivation only became available recently), it relied on the dilution prong of the protetction for famous marks ("marks with a reputation" according to EU law), without even addressing the tarnishment claim. HARRY POPPER, in combination with the image above, created an association with the famous HARRY POTTER mark and diluted the distinctiveness ("Unterscheidungskraft") of the HARRY POTTER brand. Magic X was ordered to pay the court fees of CHF 8,000 (roughly EUR 6,000) and pay Warner Bros a compensation for legal costs of CHF 13,000 (roughly EUR 10,000). Warner Bros did not sue for financial damages.
Should a reader wish to receive a copy of the decision (in German), drop me an email.
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