Harry Potter and the naughty condom company: Swiss firm is forced to change the name of their Harry Popper contraceptives after losing legal battle
- The ‘Harry Popper’ condoms first appeared on the market a decade ago
- Warner Bros. , which owns film trademark, said the condoms harmed brand
- After lengthy legal battle, Switzerland’s Supreme Court ruled in their favour
- The sex shop which makes the condoms has also been forced to pay damages
The manufacturer of Harry Popper condoms has lost a lengthy trademark dispute with US entertainment giant Warner Bros.
Swiss sex shop Magic X has been making its novelty Harry Popper condoms for over a decade but soon ran into legal trouble after they went on sale.
The nation’s Federal Supreme Court has now finally ruled against the company, The Local reported.
The makers of the Harry Popper condoms have been ordered to pay damages to Warner Bros. studios who own the copyright on the Harry Potter film franchise
The packets feature a condom wearing distinctive Harry Potter-style round glasses and waving a magic wand.
In 2008, Warner Brothers, which along with J.K Rowling owns the Harry Potter trademark, filed a suit with the Schwyz Cantonal Court calling for Magic X to stop using the Harry Popper name.
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At the time a lawyer for the company said: ‘The image of my client is in danger.
‘This is clearly a reference to the film and fictional character of Harry Potter. Everyone who sees the condoms automatically thinks of Harry Potter.’
Magic X argued the Harry Popper trademark had been registered in 2006 and had nothing to do with the character from the hugely popular books and films.
A long legal battle ensued and in 2011 Warner Bros. asked for damages to be paid based on the profits made by Magic X for the sale of its condoms.
Daniel Radcliffe as Harry Potter and Evanna Lynch as Luna Lovegood in Harry Potter and the Order of the Phoenix. Warner Bros. said the condoms harmed the film’s brand
In 2017, the Schwyz Cantonal Court finally found in favour of Warner Bros. and called on the sex shop chain to pay over 150,000 Swiss francs (£130, 300) in damages
The sum decided by the court after Magic X failed to provide figures on profits derived from the sale of the condoms.
Magic X then appealed to the Federal Supreme Court but this appeal has now been rejected, Swiss news agency SDA reported on Wednesday.
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