After a ten-year battle with Warner Bros Enterntainment Inc., Magic X have lost their trademark trial over novelty Harry Popper condoms.
Magic X, the sex shop in Switzerland, were selling the novelty condoms for over a decade, but the US Entertainment firm that owns the right to Harry Potter called for an end to it. The case began back in 2008 when the US company first filed the suit, with the Swiss court taking it on in 2010.
“The image of my client is at risk,” a Warner Bros. lawyer said at that time, arguing that anyone who saw the condoms would automatically think of the schoolboy magician. But Magic X argued the Harry Popper trademark had been registered in 2006 and had nothing to do with the character from the hugely popular books and films.
In 2017, the Schwyz Cantonal Court finally found in favor of Warner Bros. and called on the sex shop chain to pay over 150,000 francs in damages – a sum decided by the court after Magic X failed to provide figures on profits derived from the sale of the condoms. Magic X, obviously, tried to appeal the decision once more.
The appeal went to the Federal Supreme Court. This week. the appeal was rejected, Swiss news agency SDA reported on Wednesday.