Legal disputes over the Harry Potter series – CNC Machining Parts Manufacturer – China Turned parts
Allegations of copyright and trademark infringement Nancy Stouffer
In 1999, American author Nancy Kathleen Stouffer alleged copyright and trademark infringement by Rowling of her 1984 works The Legend of Rah and the Muggles (ISBN 1-58989-400-6) and Larry Potter and His Best Friend Lilly. The primary basis for Stouffer’s case rested in her own purported invention of the word “Muggles”, the name of a race of mutant humanoids in The Legend of Rah and the Muggles, and Larry Potter, the title character of a series of activity booklets for children. Larry Potter, like Harry Potter, is a bespectacled boy with dark hair, though he is not a character in The Legend of Rah and the Muggles. Stouffer also drew a number of other comparisons, such as a castle on a lake, a receiving room and wooden doors. Portions of Rah were originally published in booklet form by Ande Publishing Company in 1986, a company founded by Stouffer together with a group of friends and family. Ande filed for bankruptcy in September 1987 without selling any of its booklets in the United States or elsewhere. Rowling has stated that she first visited the United States in 1998.
Rowling, along with Scholastic Press (her American publisher) and Warner Bros. (holders of the series’ film rights), pre-empted Stouffer in 2002 with a suit of their own seeking a declaratory judgment that they had not infringed on any of Stouffer’s works. The court found in their favour, stating that “no reasonable juror could find a likelihood of confusion as to the source of the two parties’ works”. During the course of the trial, it was proven “by clear and convincing evidence, that Stouffer has perpetrated a fraud on the Court through her submission of fraudulent documents as well as through her untruthful testimony”, including changing pages years after the fact to retroactively insert the word “muggle”. Her case was dismissed with prejudice and she was fined ,000 for her “pattern of intentional bad faith conduct” in relation to her employment of fraudulent submissions, along with being ordered to pay a portion of the plaintiffs’ legal fees. Stouffer appealed the decision in 2004, but in 2005 the appeals court upheld the ruling. She states on her website that she is planning to republish her books and is entertaining the possibility of another lawsuit against Warner Bros., J. K. Rowling and Scholastic Press.
The Legend of Rah and the Muggles is currently out of print. In the spring of 2001, it was published by Thurman House, LLC, a Maryland publishing company. Thurman House, formed by Ottenheimer Publishers to republish the works of Nancy Stouffer, was closed when Ottenheimer ceased operations in 2002 after filing for bankruptcy. Stouffer later asserted that any copies of the book published by Thurman House are unauthorised because the publisher failed to honour its contractual obligations to her. Claire Field
In 2000, in the lead-up to the release of the first Harry Potter film, Harry Potter and the Philosopher’s Stone; Warner Bros., the film’s distributor, sent a series of letters to owners of Harry Potter fansites, demanding that, to protect their copyright, they hand over their domain names. The action resulted in negative publicity for the company when Claire Field, the then 15-year-old webmaster of the British fansite harrypotterguide.co.uk, was reduced to tears by what were described by her father as unnecessary bully tactics. Eventually the corporation backed down in the face of media opposition and declared that, as the site was non-commercial, it did not violate the trademark. Unauthorised Chinese Harry Potter books
In 2002, an unauthorised Chinese-language sequel titled Harry Potter and Bao Zoulong (Chinese: , Hanyu Pinyin: Hl Bt y Bo Zulng) appeared for sale in the People’s Republic of China. (In English-language media this was mistranslated as Harry Potter and Leopard-Walk-Up-to-Dragon.) According to translated excerpts, the book principally consists of the text of J. R. R. Tolkien’s The Hobbit, but with most names changed to those of Harry Potter characters. The book was quickly recognised as a fake. Rowling and Warner Bros. took steps to stop its distribution. Copies were briefly distributed around the world, including e-book copies traded on the Internet.
In November 2002, the Bashu Publishing House, in the southwestern city of Chengdu, agreed to pay a 1,600 (US,400) fine and publish an apology in China’s Legal Times for printing and distributing the novel. As of 2007, the identity of the anonymous “author” has not been discovered. The opening of Harry Potter and Bao Zoulong, translated into English, was included in several news articles.
Also in 2002, the China Braille Publishing House published Harry Potter and the Porcelain Doll. As of 2007, it is estimated that there are fifteen million fraudulent Harry Potter novels circulating in China. In 2007, Rowling’s agents, the Christopher Little Literary Agency, began to discuss the possibility of legal proceedings concerning a fake version of Harry Potter and the Deathly Hallows that appeared in China ten days before the actual book’s publication. Uttam Ghosh
In 2003, legal pressure from Harry Potter’s publishers led an Indian publisher to stop publication of Harry Potter in Calcutta by Uttam Ghosh; a work in which Harry meets figures from Bengali literature. Dmitri Yemets
Main article: Tanya Grotter
In 2003, courts in the Netherlands prevented the distribution of a Dutch translation of Tanya Grotter and the Magical Double Bass, the first of Dmitri Yemets’ popular Russian series about a female apprentice wizard. Rowling and her publishers sued, arguing that the Grotter books violate copyright law. Yemets and his original Moscow-based publishers, Eksmo, argued that the books constitute a parody, permitted under copyright. The Dutch courts ruled that the books did not constitute parody and thus were not allowed to be sold in the Netherlands.
Later that year, as the Dutch translation Tanja Grotter en de magische contrabas was still legal in Belgium, the Flemish publishers Roularta Books decided to print 1,000 copies (and no more) in order to let people decide whether it was plagiarism, hoping that under those circumstances Rowling and her publishers would not sue. Rowling did not sue, but as there was a lot of interest in the book (Dutch people could buy the book by postal order from another Flemish publisher, Boekhandel VanIn) it was soon sold out. The books continue to be published in Russia and have spawned several sequels. Preventive Maintenance Monthly
In their May 2004 issue, the US Army publication the Preventive Maintenance Monthly, which instructs soldiers on how to maintain their equipment, featured a spoof comic based on Harry Potter, featuring a character named Topper who resided at Mogmarts School under Professor Rumbledore. The publication received notice from Rowling’s lawyers that the comics breached copyright, though the magazine’s editor, Ken Crunk, claimed that no violation had taken place, as “[t]he drawings do not look like any of the characters from Harry Potter”. After a discussion with Rowling’s representatives, the magazine agreed not to use the characters again. eBay
In 2004, Rowling and Time Warner launched legal actions against bazee.com, now the Indian branch of the online auction site eBay. The site had hosted illegally-created e-books of Harry Potter, which Rowling had never agreed to be published. In 2005, Rowling warned her fans on her website that various “signed” Harry Potter memorabilia appearing for sale on eBay did not in fact use her signature. She urged her fans to protest eBay to prevent other children from being swindled. In 2007, Rowling launched lawsuits against a number of users of the site, obtaining a series of stay orders preventing them from selling her work. However eBay claimed that in her dealings with the media, Rowling had falsely claimed that her injunctions had been against eBay itself. In June 2007, eBay filed papers with the Delhi High Court, alleging that Rowling had caused them “immense humiliation and harassment”. The High Court circumvented the application, claiming that it could not make such a judgment until the case went to trial. Wyrd Sisters
In 2005, Warner Bros. offered CAD,000 (later CAD,000) to the Canadian folk band the Wyrd Sisters for the rights to use their name in the film version of Harry Potter and the Goblet of Fire. Rowling had written a scene in the novel in which a band called the Weird Sisters appeared at a school dance, and the group owned the rights to the name in Canada. However, the offer was declined, and instead the band undertook a legal action against Warner Bros., as well as Jarvis Cocker of Pulp and Jonny Greenwood and Phil Selway of Radiohead, who were to play the band in the film. All plans to use the name in the movie were later abandoned. Despite that decision, the Canadian band filed a CAD-million ( million) lawsuit against Warner in Ontario court. In connection with the lawsuit, the band brought an interlocutory injunction hoping to prevent the release of the film. The injunction application was dismissed. The entire suit was dismissed in November 2005. In June 2006, an Ontario judge decreed that the band pay Warner Bros. CAD0,000 in legal costs, describing their lawsuit as “highly intrusive”. The group claimed they planned to appeal the decision. Jarvis Cocker initially wished to release an album of “Weird Sisters”-themed music with collaborators including Franz Ferdinand, Jack White and Iggy Pop, but the project was dropped as a result of the lawsuit. As of August 2007, the band were still pursuing their claim, with hopes to bring it to the federal level. The band has reported receiving death threats from irate Harry Potter fans. Kolkata lawsuit
In October 2007, Warner Bros. sued a group constructing a faade during a Hindu religious festival in the Indian city of Kolkata for














