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SEPTEMBER 30, 2005 at 7:41 PM
Posted by EUDAEMONIA
Source: Chart Attack
A canadian folk group, The Wyrd Sisters, is suing Warner Brothers
, Pulp's Jarvis Cocker and Radiohead's Phil Selway and Johnny Greenwood for trademark infringement on use of their band name in the upcoming film Harry Potter and the Goblet of Fire.
The all-female band was made aware of Warner Brothers' intent on using the name back in June when they were offered $5,000 (and later $50,000) for use of their name. Warner Brothers and representatives of the musicians have later reiterated that the name will not be used in the movie. However:
Baryluk's lawyer, Kimbery-Townley Smith, says ...the damage has already been done — people already associate The Wyrd Sisters with Harry Potter.
"If you go on the 'net now and put in Harry Potter and Wyrd Sisters you get 6,000 hits or something crazy like that. People know already and that's because up until recently Warner had them credited and the official word was that the name of the band was The Wyrd Sisters. They've already created an association between the name and the band and that's all you need."
Fans of the books, were already aware that the actual name of the group was in fact Weird Sisters.
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Gutter Girl Fabulous
Points: 8712
SamhainWitch7 says:
Thats so stupid. It's spelled differently so I don't think there should be a problem. I wonder how long this "band" has been out anyway. Maybe they ripped off JKR for all we know. So stupid... honestly. Anyone in their right mind would have taken the money and just named their band something else. Especially after being offered 50,000$!
Posted Oct 4, 2005 at 2:20 PM EST
Auror
Points: 3252
Tenshi says:
They're probably just doing this for the money... relax! honestly! Sheesh... is that all our world revolves around? Money?
Posted Oct 4, 2005 at 4:50 PM EST
Prof. of Cultural Literacy
Points: 4469
PowerGranger says:
I have to check the updates for this one, but it seems insane that this could end up being any trouble at all for WB & Co. on GoF. I can't see how the publicity could hurt them anyway. Anyone here know there was a real group by this name before all this? Thought not. And why not bring it up with JKR? Because there's a world of difference between Wyrd and Weird. (Is "Wyrd" a surname? If so, even more perposterous).
Posted Oct 4, 2005 at 8:33 PM EST
Head Girl
Points: 422
squishy_marshmallows says:
Wyrd is used for so many different titles, names, books etc. it is ridiculous for the 'wyrd sisters' to sue! They've jumped on a lawsuit hoping to make money and its just stupid!
I know a lot of people say any publicity is good publicity, but the amount of negative feelings just from these comments sends a pretty bad feeling towards these idiots!!
Posted Oct 5, 2005 at 4:40 AM EST
Muggle
Points: 5
not a lawyer says:
As I understand it, they HAVE to defend their name, or they lose the right to do so--forever. When the reference was only in a book, it wasn't a problem, the chances of anyone mistaking the Wyrd Sisters for characters in a book is pretty small. Putting it on film changes that, and it also makes the real band look like they were copying JKR...which they aren't--they were around long before HP.
The fact that the name is slightly different doesn't matter much, either (you don't see many restaurants out there called "McDougall's", do you?) If the names are similar enough to be confused, then the original owners have the right to stop the new person from using it.
That's the law.
No, the Wyrd Sisters don't hate Harry Potter (or his fans) but they do have a right to the name they've worked hard to promote...and they have an obligation to defend it.
Posted Oct 5, 2005 at 11:09 AM EST
Prefect
Points: 328
pinkgoddess92 says:
Not a lawyer, you are aware that the weird sisters were made up in Shakespeare's MacBeth, and he had written that play before the women in the Wyrd Sister's were born. ANd it does not at all seem like J.K. Rowling would copy the Wyrd Sisters, but be influenced by writing of a fictional band that might have "named" themselves by the influence of Shakespeare also. However, do you see Shakespeare suing the Wyrd Sisters for taking the characters' in his play name OR J.K. Rowling, no, but he does still have representatives which can sue them for him. But, no. In other words, J.K Rowling did not at all have an influence from the Wyrd Sisters (I have never even heard of them before). On that note, they can not even promote that name since it has been promoted by Shakespeare already. But, did I mention yet that the names of the chacacters in MacBeth can be cofused with the Wyrd Sisters even though they are not a band. Sorry about a misplaced explanation, but that is what I have to say.
Pinkgoddess92
P.S. There is one other big difference between the Wyrd Sisters and the Wierd Sisters (From Harry Potter); one band is female the other is MALE.
Posted Oct 5, 2005 at 7:18 PM EST
Head Girl
Points: 422
squishy_marshmallows says:
Not a lawyer, i'm not sure who you represent but as other HPANA members aswell as myself have pointed out, they have no basis to sue. It is a different name, spelling does matter, as well as a heap of people have noticed (including pinkgoddess92) Wyrd sisters is not an original name, are you going to sue Terry Pratchett for using the name in his new book? because that got more hits than the band.
Posted Oct 6, 2005 at 1:34 AM EST
Muggle
Points: 5
not a lawyer says:
squishy_marshmallows, I don't represent anything other than an alternate point of view--one based on Canadian (and US, and UK) law.
As I said, the spelling doesn't matter, it's the possibility of confusion that's been created. Now, I know none of us (HPANA mambers) would be confused, but there's a big world out there, and if some people go to a Wyrd Sisters concert expecting to see a show centered around HP, then that's a problem--one that WB created, but one that the Wyrd Sisters would have to deal with.
pinkgoddess92, you have a good point, the "wierd sisters" (not their name, but a description used by Banquo and MacBeth) do appear in Shakespeare's work, but they aren't refering to a band, and Shakespeare's copyright on the name ran out a long time ago. As for Terry Pratchet, again, the group he desribes isn't a band, and beyond that, we really don't know what arrangement, if any, the two sides may have made.
Now, I don't agree with everything the band has asked for, they want a LOT of money, far more than they can be expected to lose, and asking for the film to be kept out of Canada is extreme, too. Unfortunately, there's a lot of precedent for those remedies--many other groups have asked the courts for the same kind of thing and won.
WB, on the other hand, offered a measy $5,000 (later increased to $50,000) to the band, but now seems content with the "we have more money and lawyers, so if you sue, we'll just grind it out in court on technicalities until you're broke" strategy.
Hard to say who to side with...but the Wyrd Sisters do have the Law on their side.
Posted Oct 6, 2005 at 10:09 AM EST
Prefect
Points: 328
pinkgoddess92 says:
not a lawyer, I'm just wondering, but why would WB want the Wyrd Sisters in the movie. Just because their name is the Wyrd Sisters; it doesn't mean that they are the perfect band for the movie. Also, the readers and viewers of the movie would be confused (like I said) cause the Wierd Sisters are males. I also remember some of what they said that a rep of WB told them, but I did not get a good feeling that it was the truth. Neither did I feel that much of the 15 year old webmaster thing was true either. If both "victims" of WB give visual proof to the participaters of this debate or not? Otherwise I have a feeling Rita Skeeter had something to do with the stories.
Posted Oct 6, 2005 at 7:24 PM EST
Muggle
Points: 5
not a lawyer says:
pinkgoddess92, I'm not sure what point you're trying to make, here. WB didn't try to hire the Wyrd Sisters, they were using the band's name without permission. I'm also not sure what "visual proof" you'd like to see, but it's unlikely that someone would post it here, just for us.
I wonder what would have happened if the film band had been called "Radiohed", "P. Doddy", or "the Ruling Stones"...
Posted Oct 7, 2005 at 8:37 AM EST
Ron's Love Advisor
Points: 5895
~Sarah~ says:
Thts so stupid, Beside in was Willaam Shakespere that origainlly used that name in Macbeth, If anyone should be sueing anyone he should be sueing them hahah.
Posted Oct 7, 2005 at 12:14 PM EST
Prefect
Points: 328
pinkgoddess92 says:
not a lawyer, wat I was trying to say in my latest post was that I did not believe that the Wyrd Sisters were offered that amount of money, nor do I believe in the girl who had her site shut down by WB. And to answer your question, the film band would not be callled "Radiohed", "P. Doddy", or "the Ruling Stones" since they filmakers base most of the movie on the book (exceptions to some parts) and in this case, there is a band called the Weird Sisters in the book, so WB is NOT using the "band's name" cause it is the book's band name also. Which is why I don't believe that WB would even offer them money.
Posted Oct 7, 2005 at 4:22 PM EST
Muggle
Points: 5
not a lawyer says:
pinkgoddess92, :-) I understand your point now. I don't know what reason the Wyrd Sisters would have to lie, but you're right, we certainly don't know the truth for certain, and I bet we never will.
What I was trying to say was that I wonder how this would have played out if JKR had used a different name in her book...one more like the name of a more popular, and therefore more powerful, band...
Posted Oct 7, 2005 at 5:51 PM EST
Heiress of Gryffindor
Points: 3537
Nienna Narmolanya says:
Ugh...
They annoy me soo much. I think they should be thrilled that they're getting all of this attention. Plus, the band in the book is called The Weird Sisters. Goodness, that's a silly reason to sue WB. How come they didn't sure JK Rowling after she wrote the book then, huh?
Posted Oct 8, 2005 at 10:54 AM EST
Head Girl
Points: 422
squishy_marshmallows says:
Not a Lawyer, i can't help but notice your not using HPANA for anything other than posting on the one topic, is this subject a little personal?
Why would the Wyrd sisters shun positive publicity and at the same time their popularity. Again i point out, the spelling does matter how many things have we heard been thrown out of court etc. etc. because of the tiniest technicality, in Australia if you get caught speeding by a laser gun the officer has to show you the speed or they have no grounds to give you a ticket, it may seem a little off the topic but i'm just pointing out how strong of a point you would have to have, to sue someone. The name wyrd sisters isn't originaly, how can they think of sueing someone for a name that isn't even they're own
Posted Oct 9, 2005 at 12:11 AM EST
Muggle
Points: 5
not a lawyer says:
squishy marshmallows, I hope you're not trying to shift the discussion from the issue at hand to my personal feelings---otherwise I'd have to start mentioning how many posters in this thread haven't ever read the back story...who just jumped in to say it was stupid or a cash grab...or how people responding to MY posts haven't shown any evidence of having read them...or how you seem to be questioning my motives simply because I disagree with you
but, since you've asked, what I really care about is an underdog's rights being ignored by a large Corporation...and how fans of a movie about an underdog applaud the Corporation for doing it!
Your point about the speeding ticket is a good one, but that's Criminal Law, not Business Law, they have different sources and standards. I'm not a lawyer (obviously ;-), but I have done the research, here.
Now, would you please do me the courtesy of checking the law that applies, before you begin questioning my motives?
Posted Oct 9, 2005 at 12:58 PM EST
The Slytherin Slayer
Points: 9551
Mr. Big Shot says:
Thats crap Jo's been writing before they were even a band they suck and I'd like to give them a piece of my mind . . . unfortunately it's stuck in my head
Posted Nov 5, 2005 at 3:04 PM EST
Auror
Points: 2424
bonniewrightrulz says:
The name in the books is the Weird Sisters,not the Wyrd sisters so i dont see the problem.And also the name is never used in the movie nor is it on the soundtrack so stop whining.
Posted Jul 8, 2008 at 4:49 AM EST
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