Whimsic Alley, a store in Santa Monica (on the Miracle Mile), caters to the Harry Potter fans who want to purchase items which are reminiscent of (but not necessarily licensed from Warner Bros.) those in the movies. Not surprisingly, it caught Warner Bros. attention and the two are engaged in litigation over the Harry Potter trademarks. Apparently, this is the second time that Whimsic Alley has found itself on Warner Bros.' radar. The first time concluded in a settlement agreement wherein Whimsic Alley agreed to stop using Harry Potter trademarks or other "confusingly similar" products.
Well, in looking at the website for Whimsic Alley, it appears as if Whimsic Alley is displaying items that are the same or similar products. Now, that does not mean that Whimsic Alley did not license those products from Warner Bros., so those products may have been part of the first settlement and/or a license agreement.
What caught Warner Bros.' attention this time was Whimsic Alley's advertising a "wizard cruise." Sounds fun, doesn't it? Well, Warner Bros. did not think so--especially since it has opened and has plans to open a Wizarding World of Harry Potter at Universal Studios around the world.
The case is set to go to trial in January, so stay tuned for a conclusion. Nevertheless, this is another example of being careful where you tread in terms of another company's trademarks and products. In particular, it is another example of being careful not to catch the attention of those companies who aggressively protect their trademarks.
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