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09-16-2004, 02:21 PM
| | | Harry Potter IP claim pinned down on the beaches - HP IP claim pinned down on the beaches Summary:
First it threatened teenagers with legal action for having Harry Potter fan websites, then it threatened legal action against e-mail services for using the name "shire" (the Hobbits' home in Lord of the Rings), Article: Quote: First it threatened teenagers with legal action for having Harry Potter fan websites, then it threatened legal action against e-mail services for using the name "shire" (the Hobbits' home in Lord of the Rings), now Warner Brothers is threatening legal action against tour company British Tours for daring to point out that some of Britain's most famous buildings were used in the films of the Harry Potter books.
You are... offering 'Harry Potter Location Tours' [that] infringe our client's rights," read the first letter from the US film company's UK solicitors, Addleshaw Goddard. As such, British Tours was "deceiving customers". There was a "clear case of passing off of our clients' goodwill leading to a likelihood of substantial damage". Therefore, its only option was to stop immediately and sign the attached Form of Acknowledgement and Undertakings, within 11 days. Otherwise "we will... consider issuing proceedings against you immediately."
British Tours was established in 1958 - seven years before Harry Potter author JK Rowling was born - and has been giving guided tours across the UK ever since. As well as covering just about every famous cathedral, castle and ruin in the UK, it has long since offered "special interests themes" where locations connected with famous people, both fictional and non-fictional, are visited and their connection explained. Winston Churchill, Sherlock Holmes, Jack the Ripper, the Beatles and Mary Queen of Scots have all been represented. And since 2003, fictional child wizard Harry Potter.
Many of the Hogwart's school scenes were filmed at Oxford University especially Christ Church - including the staircase where Mrs McGonagall greets the schoolchildren, the Great Hall on which Hogwart's dining room was modelled, the library where Harry creeps at night under his invisible cloak, and Hogwart's hospital," reads British Tour's website
It goes on to point out that Gloucester's Norman cathedral, Lacock Abbey, London Zoo, King's Cross station, London's Leadenhall Market and Australia House on the Strand were also all included in various scenes in the three Harry Potter films made so far
The explanation as to how the tour was causing actual damage to Warner Brothers is this: "A number of operators have previously run tours associated with Harry Potter. When these have been postponed or cancelled, there have been complaints," argued one of the letters. "Such complaints inevitably impact upon our clients and the Harry Potter brand."
Warner Brothers continues to argue this point, with a lawyer from the company's IP department telling us: "This is a blatant misuse of our trademark. British Tours is using our rights in a commercial manner." Warner Brothers is only seeking to "protect fans", we were told.
To back up this point, the spokeswoman referred to a previous "Harry Potter" tour that went wrong and resulted in newspaper headlines such as "Hogwarts' Hogwash". Warner Brothers, she told us, received letters complaining about the incident.
We argued that people are easily able to distinguish between a book, a film and a tour, and that most would not even be aware that Warner Brothers was the company behind the Harry Potter films. It was not accepted. "It is the brand itself that is damaged," we were told. "What if someone gets injured on the tour? We have no control over what they're doing," went the argument.
Warner Brothers agrees - now: "We are not asking them to stop the tour, just to rename it," the spokeswoman told us. "And to put up a notice to say that it is an unofficial tour." It has requested that British Tours change its "Harry Potter tour" to "Tour of Locations used in the Harry Potter films" and add a disclaimer that the tour is "not approved or endorsed by or otherwise connected with Warner Bros or JK Rowling".
As a company whose business is showing people around old and ancient buildings and monuments, British Tours also sought to assure Warner Brothers that Harry Potter was not that important to it. "We are a tours company showing 2,000 years of British history to our clients, not a video seller and Harry Potter is of quite ephemeral interest to us."
This only incensed Warner Brothers further. In the course of another series of correspondence, it turned out that British Tours actually informed Warner Brothers about its intention to run Harry Potter tours in 2002 and received no suggestion that this would infringe any apparent trademark. Irrelevant, cried a letter from Warner Brothers dated 29 June 2004. For full artical please Click here
Article from The Register
For more information on UK Harry potter tours please Click Here
Source: The Register via Hpana |
09-16-2004, 03:27 PM
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#2 (permalink)
| | Bugbear
Join Date: Jun 2003 Location: At the close.
Posts: 12,334
Graduated x7
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first to post! thats sad man!
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09-16-2004, 03:45 PM
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#3 (permalink)
| | Jobberknoll
Join Date: Jul 2004 Location: London
Posts: 488
| What are they like! But i suppose that they just want someone to sue. Arent they like suing everyone, so we better watch our backs or they'll be on to us next. So we better play nice guys and put the C or the TM on our usernames just to be on the safe side! Nah! Im only joking. But why do they want to sue other people anyway, i mean arent they rich enough. How Ridickulus! :/
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09-16-2004, 03:57 PM
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#4 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
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Well it makes sense
Since any complaints would probably be held against Warner Brothers instead of them..
And in the long run, they will be the ones who were damaged/hurt.. So it makes sense that they would try to product themselves, the product (HP movies, HP games) and protect the fans from fraud (by giving off the impression that it was backed by WB enterprises).
Personally, I'm glad they are being cautious. You never know how things will turn around against you.
Also, it's a matter of patent law and copyright.. But you guys might become extremely bored if I start explaining it! lol
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09-16-2004, 05:36 PM
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#5 (permalink)
| Waffling Chizpurfle
Join Date: Apr 2004 Location: chasing the secrets of HBP
Posts: 713
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Well, I guess legally they could do that...
But there is such a thing as being overly-cautious like with the web sites....
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09-16-2004, 07:19 PM
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#6 (permalink)
| | Poltergeist
Join Date: Jun 2003 Location: Cardiff, Wales, UK
Posts: 17,097
Hogwarts RPG Name: Marcella Riddle Graduated | Kaplinski Rival Sorting Hat Machine
Warner Brothers need to get a life.
Seriously, who would complain about a castle? What possibly complaint could someone have against it? "That tower is too wonky..."
You can't complain about landmarks, they are the way they are.
Just because HP was filmed there does not mean they were using that to sell the tours, they've been going for years!
Memo to WB: The world does not centre around Harry Potter! Or money for that matter!
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09-16-2004, 07:22 PM
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#7 (permalink)
| | Dugbog
Join Date: Aug 2004 Location: Dubai, United Arab Emirates
Posts: 602
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Honestly! These people are ridiculous!
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09-16-2004, 07:47 PM
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#8 (permalink)
| sporksSUB Skrewt
Join Date: May 2004 Location: Sporking Mwahahaa
Posts: 1,300
| Moo Spork? SPORKY SPORKY!! Quote: Originally posted by Marcella_Riddle@Sep 16 2004, 11:53 AM Warner Brothers need to get a life.
Seriously, who would complain about a castle? What possibly complaint could someone have against it? "That tower is too wonky..."
You can't complain about landmarks, they are the way they are.
Just because HP was filmed there does not mean they were using that to sell the tours, they've been going for years!
Memo to WB: The world does not centre around Harry Potter! Or money for that matter! ^I agree!! It seems like they got bored and decided: "Let's sue!" I think people need to spend more time trying to FIX problems rather than create them.
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09-17-2004, 12:35 AM
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#9 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
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They're not complaining about the castle.
They're not complaining about landmarks.
They're not complaining about the tours.
They're protecting the brand name: Harry Potter
I think I can see where you misread that part. The article was clearly being biased, arguing that British Tours had the right to do the tour. This however, was not the issue. Sadly, it is easy to jump at companies and point to them as the evil corporations crushing the little guy. But, seriously guys, this is not about that. WB was only asking them to change the name of the tour!!
All British Tours has to do is change the name of the tour and promote the fact Harry Potter was filmed there with the Title. Seriously, it's not that hard!!!
When British Tours used the name Harry Potter locations Tours they were violating copyright law! In order to be able to use the name, they need to make an agreement with WB. Not only is British Tours making profit by stealing the hard-work of JK Rowling and WB, but they are making it seem like WB is supporting their tours (which they are not) as well as engaging in false advertisement.
*** False advertisement would be when a company sells you a product that will dye your hair red (note: they do not say novelty -- novelty means for the entertainment value; which means the product does not have to work). You use the product because you want to dye your hair red. And guess what, they dyed your hair as well as anyone who tried it green. False Advertisement would also be if they say there are no side effects and the users end up with seizures as a side effect. False advertisement is a dishonest way of going into business. It tricks people into believing things that are not true, and increases the chance they will engage in activities that they wouldnt have engaged in. ***
British Tours did not invent/create HP. And I bet they did not have a tour called "Harry Potter location Tours" before HP. Quote: You are... offering 'Harry Potter Location Tours' [that] infringe our client's rights," read the first letter from the US film company's UK solicitors, Addleshaw Goddard. As such, British Tours was "deceiving customers". And yes, by client they may be referring to Warner Brothers as well as JK Rowling.
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09-17-2004, 01:14 AM
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#10 (permalink)
| | Guest |
I totally agree with fr2nc1z! That is so wrong!
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09-17-2004, 05:08 AM
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#11 (permalink)
| | Bundimun
Join Date: Sep 2004 Location: In a box
Posts: 38
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its all copyright nowadays
i guess they've got enough grounds to do it though
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09-17-2004, 01:22 PM
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#12 (permalink)
| | Poltergeist
Join Date: Jun 2003 Location: Cardiff, Wales, UK
Posts: 17,097
Hogwarts RPG Name: Marcella Riddle Graduated | Kaplinski Rival Sorting Hat Machine
It's wrong maybe but there are far more important things in the world. I've known Harry Potter events to go on and so what. They just want to make sure there's always a cut in the profits for them.
People aren't about to go on that tour for the HP part - because you can go on your own HP tour!
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09-17-2004, 02:55 PM
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#13 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
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That's a valid point (about being other events with the HP name), there might be other events with their name that havent got WB's consent -- and I'm sure there is. I guess the thing is WB will never have the manpower to enforce it's copyright all the time and in all cases. So like any other company, they have to focus on the big cases first -- that way they will establish a precendent when protecting their copyright name.
If they don't do so, later on, it will be used as a point against them when an even bigger case comes by. Say, some other TV company decides to use HP (or any other copyright name for that matter), gains huge profits, and in an extreme case, WB won't be able to do anything about it -- or will have a harder time.
And sure, there are better things to do in the world -- however, when you look at companies they stop being "people" and just become one big organic entity. People are inconsequential. People come and go all the time. And even though it makes sense for people to be doing better things and apply rules of conduct to their decisions, for the comany (as an organism) to do this (fight for its survival -- profit wise as well with other goals in mind such as expansion) it makes sense.
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09-17-2004, 03:15 PM
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#14 (permalink)
| desires irresistible water Crup
Join Date: Feb 2004 Location: Sunny Florida
Posts: 2,266
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I think it also concerns 'injuries' to people on the tour... because if they sued... their lawyers wouldn't just go after the tour company, they would go after the 'place' where it happened and anyone else they felt were involved up the line all the way to WB & JKR, which means even if they had no standing 'legally' in the lawsuit, they would have to have their lawyers go to court and prove it, which costs time and money.... and it would be reported in the newspapers/tv as well.
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09-17-2004, 03:24 PM
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#15 (permalink)
| | Snidget
Join Date: Jul 2003 Location: Never Neverland
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well if warner brothers want to ge their panties ina bunch, the British Govt could sue them for not allowing a Brtish company to use Britsh landmarks in its tours, i mean those landmarks just happen to be in a very famous movie
i mean several films have been filmed in texas(thats where im from) and one of those movies Varsity Blues was filmed in my hometown and they used our high school, well when i take people back home i take them to my high school and say "this is where they filmed varsity blues" and i take them and show them all the different places some of the movie took place in
i mean the school was there before the movie and its still there, its just alittle more famous than it was, mirimax doenst own the school, the county does and they should be free to do whatever thay want with it
i mean those people werent calling it a harry potter tour, they were just pointing out the landmarks that happen to be in the movie
i mean WB acts like they are losing billions of money on this, i mean they arent lsoing any money
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09-17-2004, 05:22 PM
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#16 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
| Quote: Originally posted by Tomasina Riddle@Sep 17 2004, 07:58 AM well if warner brothers want to ge their panties ina bunch, the British Govt could sue them for not allowing a Brtish company to use Britsh landmarks in its tours, i mean those landmarks just happen to be in a very famous movie If you read the article and some of the posts more carefully, you will realize that it has nothing to do with them doing the tours.
British Tours is able to the tours. That is not the issue at hand.
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09-17-2004, 05:44 PM
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#17 (permalink)
| | Abraxan
Join Date: Dec 2003 Location: Canada
Posts: 6,412
| Quote: Originally posted by Marcella_Riddle@Sep 16 2004, 01:53 PM Warner Brothers need to get a life. Too right you are.
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09-18-2004, 01:26 PM
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#18 (permalink)
| | Bowtruckle
Join Date: Apr 2004 Location: Athens, Greece or Aberystwyth, Wales
Posts: 211
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WB have certainly lost their mind :storm:
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09-18-2004, 09:29 PM
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#19 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
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LOL why do you say that?
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09-18-2004, 09:46 PM
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#20 (permalink)
| | Bicorn
Join Date: Jul 2004
Posts: 1,938
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this is just... weird i mean, who's to say that people wont go and visit the landmarks themselves, if not on the tour? but i do agree that the name of the tour should be changed...
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09-19-2004, 03:55 AM
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#21 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
Posts: 8,874
| Quote: Originally posted by potterxfan04@Sep 18 2004, 02:20 PM this is just... weird i mean, who's to say that people wont go and visit the landmarks themselves, if not on the tour? but i do agree that the name of the tour should be changed... Well, they could still go
And they can still promote HP was filmed there lol!  So people can still go in the tour.
I bet the tour includes other stuff besides the filiming location too, ya know
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09-29-2004, 07:02 PM
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#22 (permalink)
| | Banshee
Join Date: Sep 2003 Location: scotland, the counry
Posts: 16,448
| Keeper of Mr Tennant's specs
WB really like to keep a hold of Harry potter dont they!
honsetly i im telling you they really are nitpicking at times.
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09-29-2004, 09:23 PM
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#23 (permalink)
| Portuguese Moderator Thestral
Join Date: Feb 2004 Location: Neverland
Posts: 39,664
Hogwarts RPG Name: Margaret Jacqueline Atkinson Morris Fifth Year | Potter’s Princess A+ FangGirl
geez.... what can I say?
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09-29-2004, 09:57 PM
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#24 (permalink)
| Countdown Kid Hippogriff
Join Date: Apr 2004
Posts: 3,470
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Woahh, thats totally messed up. And so is WB
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09-29-2004, 10:57 PM
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#25 (permalink)
| SS Resident Shopaholic Couture Chick Griffin
Join Date: Jun 2004
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lol, i wouldnt call it messed up. It's the nature of things. You produce things, you patent them, and if others want to use it they need your permission.
They do this in all areas, like with education (books published, theories), science (chemicals, pharmaceutical drugs, antibiotics), companies (non-profit and profit), government, military... and the list goes on
So, nope. Not messed up because it is not out of the ordinary/weird. Unless you can explain why exactly it is? (maybe you meant messed up with a different definition?)
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Last edited by fr2nc1z; 09-29-2004 at 10:59 PM.
Reason: typo
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