Saint Louis, MO asked in Intellectual Property and Trademark for Missouri

Q: How do I deal with a Trademark infringement accusation ?

I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that notice were trademark registration numbers of which I cannot find any information on to know exactly how I committed trademark infringement...... (I'd sold ONE robe) IS this because I CALLED them specifically "Harry Potter robes" - can I re-list them as "Harry Potter inspired" robes? And why are the other Harry Potter things on Etsy not targeted? There are SO MANY people selling HP items i am somewhat surprised I was "targeted" - How can I resell my doll robes with out incurring another trademark infringement notice?

1 Lawyer Answer
Andrew Zulieve
Andrew Zulieve
  • Trademarks Lawyer
  • Waldoboro, ME

A: Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has considerable resources to litigate the issue, if necessary. I suggest that you steer clear of any further use of HARRY POTTER in commerce.

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