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12-18-2003, 10:13 AM
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Harry Potter fails test of legal wizardry - Summary: Article:
Thanks to The Age
It was not the Ministry of Magic but the Federal Court that delivered a howler message to entertainment giant Time Warner yesterday.
Justice Murray Wilcox found that the company did not have a monopoly on the moniker Harry Potter, finding in favour of clothing chain Wombat, which devised the "harry potter" label nine years ago.
Wombat co-owner Clair Jennifer, said she came up with the harry potter name in 1994 (three years before the first Harry Potter book was published), thinking it was a good label for women's wear. When she tried to register the trademark, she was told that, as it was also possible it could be a real person's name, she would have to get it known before it could be registered.
When she applied to register it four years later in February 1998, Justice Wilcox said that only a "handful of copies of J. K. Rowling's first Harry Potter novel had been released in Australia, whereas many thousands of people are likely to have visited Wombat stores . . . a proportion of which would have noted the harry potter label on garments".
The company has 17 stores nationally, and in 1998 had a gross trading profit of more than $4 million. Time Warner was ordered to pay legal costs, which Ms Jennifer said ran into "hundreds of thousands of dollars".
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"This is a definite story of a huge multinational trying to squash what they thought was a small business in Australia. What they didn't understand was our actual size - we are national and very well-known in our industry," said Ms Jennifer, who was Australian young entrepreneur of the year in 2001.
Justice Wilcox said: "Although it may be accepted that a person who first hears the name Harry Potter today . . . would most likely think of the J. K. Rowling character, it seems to me unlikely that a person seeing the 'harry potter' label on clothing in a Wombat boutique would assume a connection."
Justice Wilcox said he understood that Time Warner had not granted a licence for Harry Potter clothing merchandise in Australia.
A spokeswoman for Time Warner declined to comment on whether the decision meant that it would be unable to sell its range of clothes in Australia. |
12-18-2003, 10:52 AM
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#2 (permalink)
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Join Date: Nov 2003
Posts: 527
| yay! i'm the first one to post a reply! harry potter as a brand of women's clothes????? no way! well, maybe, if they were cloaks  |
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12-18-2003, 11:18 AM
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#3 (permalink)
| | Faerie
Location: D.O .... yes ur confused ♥ Join Date: Apr 2003
Posts: 4,258
Fifth | lol yer if they were cloaks and oo i so want a slytherin tie and scarf!! lol  |
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12-18-2003, 11:22 AM
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#4 (permalink)
| Korn-y Plimpy
Location: At La Push Join Date: Sep 2003
Posts: 1,204
| oh dear god! it just gets sillier and sillier doesn't it?! a Harry Potter clothing make? and she came up with it four years beofre JK? my butt!! what a stupid name for a ladies clothing line! what on earth does it mean? hmmmm!!! |
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12-18-2003, 11:23 AM
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#5 (permalink)
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Join Date: May 2003
Posts: 659
| harry potter is a guy's name.........why would they keep that for a women's garment company? |
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12-18-2003, 11:25 AM
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#6 (permalink)
| | Poltergeist
Location: Adelaide, Australia Join Date: Jan 2003
Posts: 17,600
Hogwarts RPG Name: Isabella Thompson First | No there is a clothing brand called Harry Potter. I saw it on Channel 7 like at the beginning of the Year and talking about how she was taking them to court. Oh well she lost. |
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12-18-2003, 11:28 AM
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#7 (permalink)
| | Faerie
Location: D.O .... yes ur confused ♥ Join Date: Apr 2003
Posts: 4,258
Fifth | lol yer yer there is no actual clothing brand lol yer they wouldnt allow it!!
oh lol i laugh every time theres a dude who says tha news i think on channel 10 and his name is Harry Potter!!! lol |
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12-18-2003, 11:34 AM
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#8 (permalink)
| | Poltergeist
Location: Adelaide, Australia Join Date: Jan 2003
Posts: 17,600
Hogwarts RPG Name: Isabella Thompson First | Yeah I know I have seen that dude! |
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12-18-2003, 11:34 AM
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#9 (permalink)
| Korn-y Plimpy
Location: At La Push Join Date: Sep 2003
Posts: 1,204
| really? a guy how is actually called Harry Potter? no way! that's really cool, i'm jealous! how wkd would it be to say 'hello, my name is Harry Potter'....'No seriously'!?
Although my friend is actually called Carys Potter, but i don't know if that really counts does it?! |
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12-18-2003, 11:36 AM
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#10 (permalink)
| | Faerie
Location: D.O .... yes ur confused ♥ Join Date: Apr 2003
Posts: 4,258
Fifth | lol yer his like got that whole news accent and he says 'Harry Potter, Ten New' lol  |
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12-18-2003, 11:43 AM
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#11 (permalink)
| Korn-y Plimpy
Location: At La Push Join Date: Sep 2003
Posts: 1,204
| oh wow excellent!! i can see like a gazillion name changes happenining, or like a million girls naming their babies Harry, or Ron or something in the years to come! |
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12-18-2003, 11:50 AM
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#12 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| They said in the report (on Today Tonight) that she was the women that beat the millionaire author. When in reality, it was the company that funds the franchise who where sueing her. There was another mistake and I decided to send an e-mail reading this to clear things up for them: Hello T.T,
Normally I don't watch your bias television show but, being a fan, your Harry Potter advertisment caught my eye.
However, upon watching even the first ten seconds you made two mistakes that made it seem your report was better then it actually was.
You started off by saying the women that beat J.K Rowling, however you later said that it was infact the company that franchises the movie. Looking futher in I discovered that J.K Rowling was not at all involved in this case what-so-ever. So this deception made her appear in a negative way, with really no decent reason.
Secondly you claimed that this women thought of Harry Potter two years before he was edited or "dreamed up". Now if you where to actually research you would learn that J.K Rowling worked on the series for over six years before publishing the novel. Again this deception on people is ruining the reputation on an honest women who is involved in countless charities and communty services.
I don't mean to sound rude, but you where when writing this report. I don't know if you will reply or not, but I would apreciate if you could, as I would benefit from your views on this. I do not expect you to broadcast an apology or tell people of these mistakes but by replying to me I would atleast know that you value me as a viewer.
Thanks again,
My name |
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12-18-2003, 11:53 AM
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#13 (permalink)
| Korn-y Plimpy
Location: At La Push Join Date: Sep 2003
Posts: 1,204
| i can't believe how wrong they get it and expect us all not to notice, i'm british an i didn't know any of this because it's not on our news, but go you! |
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12-18-2003, 11:56 AM
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#14 (permalink)
| | Faerie
Location: D.O .... yes ur confused ♥ Join Date: Apr 2003
Posts: 4,258
Fifth | lol go u!!! hehe |
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12-18-2003, 11:58 AM
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#15 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| Quote: Originally posted by ebony_wandson@Dec 18 2003, 06:14 AM really? a guy how is actually called Harry Potter? no way! that's really cool, i'm jealous! how wkd would it be to say 'hello, my name is Harry Potter'....'No seriously'!? | He isn't a guy named Harry Potter. Some women claimed she made it up in 1994...however, the television and newspaper reports failed to show us any evidence of this.
Here's a rediculous part from the report:
Women: See, I told you I was the only Harry Potter
(Cut to duel scene in the movie)
Harry: You Wish!
(Cut to women)
Women: Yeah! (raises her hand to the camera)
(cut to Harry being hit by Draco's attack and flying through the air)
(Back to the women)
Women: Told you so!
Tanks for all the 'Go's'!  |
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12-18-2003, 12:04 PM
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#16 (permalink)
|  Jr. Lord of Arda Erumpent
Location: Melbourne, Australia Join Date: May 2003
Posts: 13,204
| omg..i saw this on 'today tonight' ...how mean was that lady...she was all like "there's only one harry potter"  |
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12-18-2003, 12:06 PM
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#17 (permalink)
|  Jr. Lord of Arda Erumpent
Location: Melbourne, Australia Join Date: May 2003
Posts: 13,204
| Quote: Originally posted by Lupin Jr@Dec 18 2003, 10:38 PM
Here's a rediculous part from the report:
Women: See, I told you I was the only Harry Potter
(Cut to duel scene in the movie)
Harry: You Wish!
(Cut to women)
Women: Yeah! (raises her hand to the camera)
(cut to Harry being hit by Draco's attack and flying through the air)
(Back to the women)
Women: Told you so!
Tanks for all the 'Go's'! | omg!! yes!! thats what im talking about....i'm absolutely…outraged at how they presented this whole thing…gah, they didn’t have to be so one sided. I say, all hp fans should complain to channel seven! lol |
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12-18-2003, 12:07 PM
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#18 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| Quote: Originally posted by rovie@Dec 18 2003, 06:44 AM omg..i saw this on 'today tonight' ...how mean was that lady...she was all like "there's only one harry potter" | Yeah, that really annoyed me! I hate how they edited the duel scene to make it look like she was beating Harry. Seeing as I have already written to Perth Today Tonight, I was considering of writing to Sunrise because they read out alot of mail even if it is negative to channel 7. It would be great if all the Aussie's on this site did the same thing because then they would correct Today Tonight! |
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12-18-2003, 12:10 PM
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#19 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| Okay, it would be great if everyone could write in. Even if your not Australian you just have to reword what I said. You can contact them at: http://www.todaytonight.com.au/
or Sunrise here's the address: http://sunrise.seven.com.au/
(Go to the soapbox section) Let's show network 7 that they can't bully Potter around! |
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12-18-2003, 12:12 PM
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#20 (permalink)
|  Jr. Lord of Arda Erumpent
Location: Melbourne, Australia Join Date: May 2003
Posts: 13,204
| Quote: Originally posted by Lupin Jr+Dec 18 2003, 10:47 PM-->| QUOTE (Lupin Jr @ Dec 18 2003, 10:47 PM) | Yeah, that really annoyed me! I hate how they edited the duel scene to make it look like she was beating Harry. Seeing as I have already written to Perth Today Tonight, I was considering of writing to Sunrise because they read out alot of mail even if it is negative to channel 7. It would be great if all the Aussie's on this site did the same thing because then they would correct Today Tonight! [/b][/quote]
omg..i was seriously about to kill something. lol...omg!! yes..sunrise! ooh, i love sunrise! yes, thats a good idea *runs off to write to them*
grrrr, i just cannot get over that stupid..idiot... ..ok..neeeeed to calm down.
but yeah...im going to get everyone i know to write to sunrise...i have to do something about it..lol |
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12-18-2003, 12:14 PM
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#21 (permalink)
|  Jr. Lord of Arda Erumpent
Location: Melbourne, Australia Join Date: May 2003
Posts: 13,204
| Quote: Originally posted by Lupin Jr@Dec 18 2003, 10:50 PM Okay, it would be great if everyone could write in. Even if your not Australian you just have to reword what I said. You can contact them at: http://www.todaytonight.com.au/
or Sunrise here's the address: http://sunrise.seven.com.au/
(Go to the soapbox section) Let's show network 7 that they can't bully Potter around! | lol, thank you!
ok, you may have noticed im not making much sense right now, lol, im really really annoyed, first, we get lotr : rotk later, and now this..this…gah..im lost for words |
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12-18-2003, 12:15 PM
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#22 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| Right! Please people, let's band together! Start writing to them! |
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12-18-2003, 12:21 PM
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#23 (permalink)
|  Jr. Lord of Arda Erumpent
Location: Melbourne, Australia Join Date: May 2003
Posts: 13,204
| they were talking about how...warner whatever wanted to sue the arry potter label..right? or was it the other way around... |
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12-18-2003, 12:22 PM
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#24 (permalink)
| His life is like a river Kneazle
Location: Australia Join Date: Aug 2003
Posts: 3,233
| Warner...whatever...sued this women, but they made it out to sound like JK Rowling was personally sueing her.
Right! Here's the letter I wrote to them, it is slightly different. Dear Sunrise team,
You have a great show, but your network has made some mistakes. I have tried contacting Today Tonight but I know if i want to get the true story out I should turn to Nat and Koosh!
This is in reply to the Harry Potter report last night: upon watching even the first ten seconds they made two mistakes that made it seem the report was better then it actually was.
They started off by saying the women that beat J.K Rowling, however they later said that it was infact the company that franchises the movie. Looking futher in I discovered that J.K Rowling was not at all involved in this case what-so-ever. So this deception made her appear in a negative way.
Secondly they claimed that this women thought of Harry Potter two years before he was edited or "dreamed up". Now in research I learnt that J.K Rowling worked on the series for over six years before publishing the novel. Again this deception on people is ruining the reputation on an honest women who is involved in countless charities and communty services.
I don't mean to sound rude, but this report was.
Please get back to me or address this on your show as soon as possible. I know I can trust you to get the real story out,
Thanks again,
My name
Please people help! |
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12-18-2003, 12:23 PM
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#25 (permalink)
| | Bicorn
Location: The Highest cloud on Loon-Land Join Date: Oct 2003
Posts: 1,805
| Quote: Originally posted by ruperts_babe@Dec 18 2003, 10:53 AM
Justice Wilcox said: "Although it may be accepted that a person who first hears the name Harry Potter today . . . would most likely think of the J. K. Rowling character, it seems to me unlikely that a person seeing the 'harry potter' label on clothing in a Wombat boutique would assume a connection." | Of course they would, everyone now knows Harry Potter, if they don't they live in a bubble not of this planet!  |
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