Facts

Warner Bros. Entertainment Inc. developed and produced the Harry Potter films and Gilmore Girls television series. The Harry Potter universe, created by author J.K. Rowling, was brought to visual life by Warner Bros., starting with the first Harry Potter film, and was followed thereafter by seven more films and a multitude of related entertainment products, services, and experiences created by Warner Bros. Warner Bros. debuted Gilmore Girls in 2000. Elements of the Gilmore Girls series, such as its fictional Chilton Preparatory School where lead character Rory Gilmore and her friends attend school, have been highlighted in numerous episodes, games, and merchandise created by Warner Bros.

Warner Bros. brought an action against Brian Briggs, Dawn Briggs, and Random Tuesday, Inc., doing business as Hogwarts Running Club, Chilton Running Club, and Potterhead Running Club, for injunctive relief and damages.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for trademark infringement and counterfeiting under 15 U.S.C. Section 1114; false designation of origin, false advertising, and trademark dilution under 15 U.S.C. Section 1125; copyright infringement under 17 U.S.C. Section 106; common law unfair competition; common law trademark infringement; and violations of the California & Business Professions Code. Plaintiff asserted these claims based on its contentions that defendants deliberately, pervasively, and willfully infringed several trademarks and copyrights in plaintiff's Harry Potter and Gilmore Girls entertainment franchises, and operated businesses, including virtual running clubs and online merchandise stores, centered around that infringing activity. Plaintiff also contended that defendants made unauthorized use of plaintiff's intellectual property to create confusion among consumers regarding the connection, authorization, and affiliation between the defendants' clubs and plaintiff's beloved entertainment franchises.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants asserted various affirmative defenses, including abandonment, acquiescence, estoppel, naked licensing, failure to police, fair use, statute of limitations, and laches.

Result

Stipulated judgment for a permanent injunction against defendants. Among other things, defendants were permanently enjoined and restrained from directly or indirectly infringing in any manner the Harry Potter marks and copyrights and/or the Gilmore Girls marks and copyrights.