The Boy Wizard Trademark
Most people probably know that Harry Potter is ‘The Boy Wizard’, right?
Well I did, and I’ve never read the books.
So why then, 21 years after the first book was released, did Warner Brothers yesterday apply to register a trademark with the EUIPO for ‘The Boy Wizard’, their first ever application for ‘The Boy Wizard’?
Well, nobody can know for sure, but I’ve got one theory….
The Boy Wizard Shop
Look at it there, all Harry Potter looking.
You see, a shop recently opened in Glasgow (read more about it here) which has a certain ‘Harry Potter’ feel about the place (and indeed the logo).
You might think that this would lead to a prompt ‘cease and desist‘ letter from the owners of the Harry Potter brand. That’s common enough, witness this cease and desist letter from Netflix to a ‘Stranger Things‘ themed pop up bar.
But actually, there’s a problem. Or, more specifically, two:
- Warner Brothers don’t have a trademark in ‘The Boy Wizard’; and
- The owner of ‘The Boy Wizard’ shop does.
In my head, I like to think that when this came to the Warner Brothers’ lawyer’s attention they went ‘but surely we have that protected, right??‘ and then everybody did a double take when they realised they didn’t.
The Boy Wizard UK Trademark
Firstly, let’s all take a moment to marvel in the name of the person who own’s this trademark, one Mr Lully Gold!
The trademark was applied for in December 2017 and granted in March 2018.
You can see the full application here.
The Boy Wizard trademark covers:
Goods and services
Retail services in relation to confectionery;Retail services in relation to toys;Retail services connected with the sale of clothing and clothing accessories.
It’s more likely (said he speculating wildly) that seeing the publicity for the new shop prompted someone somewhere to check whether ‘The Boy Wizard’ was registered as a trademark. The actual trademark applied for by Warner Brothers doesn’t include Class 35 (shops) so it shouldn’t pose any threat to the shop, and that owner’s trademark.
What’s interesting here is the reaction of a brand to what is effectively a fan store. This is something that we see quite regularly. A fan site or some fan art gets traction, and the brand owner with which it’s associated moves to latterly protect the term.
Again, though speculation on my part, this seems like a good piece of trademark monitoring by Warner Brothers, and a reaction to the first registration of a trademark for ‘The Boy Wizard’.
It’s little use having a trademark unless you’re going to monitor for infringement of the mark, and act in an appropriate way if you spot something that potentially infringes. Here, ‘The Boy Wizard‘ doesn’t actually infringe on any trademarks, because none existed. However, ‘The Boy Wizard‘ shop is likely to be the last ‘Boy Wizard‘ branded goods or service, because if the EU trademark goes through, then Warner Brothers will have the right to restrain use of the term for all the following goods and services across the EU:
Goods and services
- Class 9 – Motion picture films featuring comedy, drama, action, adventure and/or animation, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and/or animation; audio video discs, and digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation; stereo headphones; batteries; cordless telephones; CD players; CD rom computer game discs; telephone and/or radio pagers; compact disc players; radios; mouse pads; eyeglasses, sunglasses and cases therefore; computer software; downloadable computer software; computer application software; computer application software for mobile phones; downloadable software for use in playing online computer games, downloadable computer game software; computer game software for use on mobile and cellular phones; video and computer game programs; video game cartridges; computer and video games which are designed for hardware platforms, namely, game consoles and personal computers; computer game software for gaming machines including slot machines; computer software or firmware for games of chance on any computerized platform, including dedicated gaming consoles, video based slot machines, reel based slot machines and video lottery terminals; CD rom and digital versatile computer game discs and computer programs, namely, software linking digitized video and audio media to a global computer information network; downloadable audio-visual media content in the field of entertainment featuring animated motion pictures, television series, comedies, and dramas; computer software, namely, computer software for streaming audio-visual media content via the internet, computer software for streaming and storing audio-visual media content, downloadable audio and video players for media content with multimedia and interactive functions; computer programs for accessing, browsing and searching online databases, software that enables users to play and program entertainment-related audio, video, text and multi-media content; computer application software for streaming and storing audio-visual media content; computer application software for streaming audio-visual media content via the internet; downloadable computer software for streaming audio-visual media content via the internet; downloadable computer software for streaming and storing audio-visual media content; downloadable publications in the nature of books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children’s books, strategy guides, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children’s activity books and magazines in the field of entertainment; downloadable publications; cellular telephone accessories, namely hands-free accessories, cellular telephone covers, cellular telephone face covers and cellular telephone cases; encoded magnetic cards, namely, phone cards, credit cards, cash cards, debit cards, gift cards, and magnetic key cards; and decorative magnets.
- Class 16 – Printed matter and paper goods, namely, books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children’s books, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children’s activity books; stationery, writing paper, envelopes, notebooks, memo pads, diaries, note cards, greeting cards, trading cards, postcards; paper weights; wall planners; passport covers; non-metal money clips; pens, pencils, cases therefor; erasers; mechanical pencils; crayons, markers, coloring pens, colored pencils, pen sets, quill pens, painting sets, chalk and chalkboards; sealing wax; sealing stamps; stickers and sticker books; decals; heat transfers; posters; paper pennants; adhesive plastic film with removable paper for mounting images for decorative purposes; lithographs; art prints; fine art prints; art mounts; mounted and/or unmounted photographs; bookends; book covers and book marks; calendars; gift wrapping paper; paper party decorations, namely, paper napkins, paper place mats, crepe paper, invitations, paper table cloths and paper cake decorations; temporary tattoos; printed transfers for embroidery or fabric appliqués; printed patterns for costumes, pajamas, sweatshirts and t-shirts.
- Class 18 – Athletic bags, baby backpacks, backpacks, beach bags, book bags, diaper bags, duffel bags, messenger bags, brief cases, gym bags, tote bags, coin purses, fanny packs, knapsacks, waist packs, shopping bags, re-useable shopping bags; umbrellas; wallets; accessories made of leather, namely wallets, handbags and shoulder belts.
- Class 25 – Clothing for men, women and children–namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, body suits for babies, skirts, blouses, dresses, suspenders, sweaters, hoodies, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sun-visors, belts, scarves, sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks; swimwear; masquerade and Halloween costumes; paper hats.
- Class 28 – Toys and sporting goods, including games and playthings–namely, action figures and accessories therefor; playsets for action figures; dolls; toy furniture; plush toys; balloons; bathtub toys; equipment sold as a unit for playing card games; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game and an action type target game; game equipment sold as a unit for playing a parlor-type computer game; stand-alone video output game machines; slot machines; gaming equipment, namely, slot machines with or without video output; jigsaw and manipulative puzzles; paper face masks; water squirting toys; balls–namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; paper party hats; Christmas tree ornaments; masquerade and Halloween masks.
- Class 41 – Education; providing of training; sporting and cultural activities; entertainment; book publishing; magazine publishing; entertainment services, namely, providing online video games, providing online computer games, providing temporary use of non-downloadable video games; providing audiovisual content, namely, non-downloadable films and movies via a video-on-demand service via an interactive website; entertainment services in the nature of live-action, comedy, drama, animated, and reality television series; production of live-action, comedy, drama, animated and reality television series; distribution and display of live-action, comedy, drama and animated motion picture theatrical films; production of live-action, comedy, drama and animated motion picture theatrical films; theatrical performances both animated and live action; internet services providing information via an electronic global computer network in the field of entertainment relating specifically to games, music, movies, and television; providing film clips, photographs and other multimedia materials via a website; providing news about current events and entertainment, and information related to education and cultural events, via a global computer network; and providing information for and actual entertainment via an electronic global communications network in the nature of live-action, comedy, drama and animated programs and production of live-action, comedy, drama and animated motion picture films for distribution via a global computer network; providing a computer game that may be accessed by a telecommunications network; electronic publishing services, namely, publication of text and graphic works of others on-line featuring articles, novelizations, scripts, comic books, strategy guides, photographs and visual materials; non- downloadable publications in the nature of books featuring characters from animated, action adventure, comedy and/or drama features, comic books, children’s books, strategy guides, magazines featuring characters from animated, action adventure, comedy and/or drama features, coloring books, children’s activity books and magazines in the field of entertainment; publishing of books, e-books, audiobooks, music and illustrations; amusement parks services; providing amusement park rides; providing live or pre-recorded shows and/or movies; entertainment and/or recreation information; entertainment club services; electronic games services provided via a global computer network.
If you have any IP questions or queries please get in touch with either Brian Conroy or Ronan McGoldrick
For even more intellectual property and trademark updates check out www.brianconroy.com and www.thetrademarkninja.com
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