Good news for all junior wizards (and their beleaguered parents) living in Canada: "Harry Potter and the Goblet of Fire" will still be coming to theaters on November 18, despite the efforts of a long-running Winnipeg folk group to stop it.
On Friday, a judge in Ontario Superior Court dismissed a motion filed by the Wyrd Sisters, a folk ensemble looking to block the Canadian distribution of the latest Potter flick because it contained scenes of a performance by a similarly-named but normally spelled — and fictional — band (see "Canadian Group Sues Radiohead, Warner Bros. Over Use Of Name In 'Harry Potter' Flick").
In their suit, the Wyrd Sisters — who have been performing on the Canadian folk circuit for more than 15 years — alleged that the film version of the Weird Sisters (which feature Pulp's Jarvis Cocker and Radiohead's Jonny Greenwood and Phil Selway) not only infringed on their trademarked name, but, more importantly, would confuse people who might be expecting the Wyrd Sisters to be related to Harry Potter.
But lawyers for Warner Bros. — the company that distributes the Potter films — argued that there was no trademark infringement, nor any ill will intended, firstly because the band appears in the film for just six seconds, but mostly because the name "Weird Sisters" is not mentioned anywhere in the film or on the film's soundtrack (the name does appear in the book upon which the film is based). And judge Colin Campbell agreed, ruling that there was no way that the public could confuse minor characters from the film with a real-life band.
"I am not satisfied that the fact of three musicians appearing in the film will operate as a deception to the public such as to affect the goodwill that the plaintiffs may have in the term, 'The Wyrd Sister,' " Campbell wrote in a brief explanation of his decision. "Neither am I satisfied that the six-second inclusion of the scene in question will cause irreparable harm."
The Wyrd Sisters' attorney, Kimberley Townley-Smith, could not be reached for comment on Judge Campbell's decision at press time.
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