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MARCH 3, 2008 at 2:59 PM
Posted by CHEESER
Source: Canadian Press
Winnipeg, Canada folk music group Wyrd Sisters are continuing their two-year-old battle
with Warner Bros. over the similarly named (but alternately spelled) band in Harry Potter and the Goblet of Fire, even though the group failed to halt the 2005 film's release and Warner Bros. removed all mention of it from the movie.
The folk group -- which attempted to trademark "Wyrd Sisters" in 2005 (its status remains "opposed") -- is now demanding that all remaining DVDs, video games and other merchandise that reference The Weird Sisters be destroyed. Kim Baryluk, the group's founder, said that included the film's soundtrack, the Harry Potter Scene-It DVD game, and trading cards.
"Consumers will assume that the smaller and less famous Canadian band is trying to take advantage of the Harry Potter fame by copying the Harry Potter band's name when in fact the reverse is true," Baryluk said in her statement of claim to the Federal Court of Canada in Toronto.
An Ontario Supreme Court judge previously ordered Baryluk to pay $140,000 in court costs to Warner Bros. for the failed attempt to block Goblet of Fire from being released to theaters in 2005. That payment has not been made.
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Twilight Princess
Points: 2567
xXHpFreak4lifeXx says:
Wow. That's just crazy. If it were me, I'd be happy to get more publicity.
~Lauren~
Posted Mar 3, 2008 at 3:19 PM EST
Auror
Points: 2445
Rebel says:
I looked them up, they formed in 1992, so yes they existed before the publication of book 4.
That being said, Rowling may or may not have heard of them, but I highly doubt that she named her group after them.
When I first read the name, I thought that it was a twist of
"the twisted sisters." There have also been plenty of acts out there with the name "sister" as part of it. I think it is just a co-incidence. If the HP group had been called something like "Trans-Highland Orchestra" then Trans-Siberian Orchestra would have had a legitimate case.
Interestingly enough, Terry Pratchett wrote a book called Wyrd Sister in 1988.
I may be cynical, but I think they wanted their name out there. I doubt that many people would go out and search the name of a fictional band in a film, find them, buy the album, and then become fans. I think that they wanted the attention they could gather buy suing, and if they won, enjoy their windfall. The appeal is probably just to avoid having to pay the damages.
Posted Mar 3, 2008 at 3:44 PM EST
Weird Sisters Bassist
Points: 8449
Paper Cut says:
Oh it's so stupid. They won't win against WB anyway. They're not helping themselves by not paying the court fees either, it'll just turn more courts against their case.
For all they know, JK Rowling came up with the Weird Sisters in 1991 when she first came up with Harry.
This band are taking it too far. If they don't want people to have this negative view of them they should just change their stupid name! Or maybe JK could make a public statement cancelling any parallels between the two names, so no one is accusing either party of 'stealing' the name.
Posted Mar 3, 2008 at 4:00 PM EST
Mrs. Draco Malfoy
Points: 27761
Arika Granger Malfoy says:
Hha this court case makes me laugh XD
They arent going to win
*rolls eyes*
Oh well its fun to read about the stupidity
Posted Mar 3, 2008 at 4:00 PM EST
Keeper of Harry's Fate
Points: 8934
TheOneWhoMustBeNamed says:
My thought is that they are just doing it for the attention and publicity for themselves. I really do not see anything here that amounts to the level of confusion that would be required. My guess is that a study would show that they are doing better now than before JKR's books.
Posted Mar 3, 2008 at 4:02 PM EST
Witch
Points: 753
Bleak Angel says:
Its not even the exact same name! I don't see the issue to be honest. I think the other band are just trying their luck to see if they can get any money and maybe some publicity.
Posted Mar 3, 2008 at 4:07 PM EST
Auror
Points: 2852
H/HrShipper4Ever says:
Wow.. Why won't they just let it be. I can bet that JK thought of that name before they did. And that doesn't even matter, it's spelled differently. I just don't get these people.
Posted Mar 3, 2008 at 4:12 PM EST
Student
Points: 252
electricblondiie says:
This "Wyrd Sisters" band is getting a little ridiculous. They may have been frustrated at first, with a small amount of reason, but at this point they're simply attempting to ride Pottermania's coattails to fame. It's pathetic.
No offense meant to anyone who enjoys their music. (I myself am yet to hear anything by them.)
Posted Mar 3, 2008 at 4:33 PM EST
Seer
Points: 15207
Brittany Radcliffe says:
Oh give it up already.
its been 3 years now and you are still going on about this.
these are 2 completely different things here.
get a life.
Posted Mar 3, 2008 at 4:33 PM EST
Prefect
Points: 356
DracoHarryKKVG says:
I agree with Rebel, this is just plain old lunacy, and it's stupid, and it's getting OLD. They have ruined their own name with this crap, like anybody will like them after seeing how ROTTEN they're being. >> I call boycott...
Posted Mar 3, 2008 at 4:35 PM EST
Order of Merlin, 1st Class
Points: 1819
zues says:
The movie is only going by what is in the book. If they are so mad why don't they "try" and take on J.K. Rowling? Some of us live in Canada and I hope the rest of you don't look down on us because of some stupid people.
Posted Mar 3, 2008 at 4:36 PM EST
Antipodean Snow Goddess
Points: 3070
Tikihaha says:
"Consumers will assume that the smaller and less famous Canadian band is trying to take advantage of the Harry Potter fame by copying the Harry Potter band's name when in fact the reverse is true,"
What a load of bullsh*t!!!This is such a stupid, pointless legal exercise. I think that Terry Pratchet should counter-sue as HE was the first to come-up with this name!!
Yeah - like I can really see JK Rowling, as a destitute single mother in Scotland, knowing all about a insignificant crappy little folk band in Canada and saying "Yes! I'll call the wizarding band in my books after them!!"
Losers.
Posted Mar 3, 2008 at 4:40 PM EST
Professor
Points: 1005
HP_obsessor says:
wowwwwww. That's so stupid! I mean, it still isn't fair for them if their own band name is being used somewhere else, but SEROIUSLY!! Think of something else!! DON'T DESTROY THE MERCHAINDISE! My gosh!
Posted Mar 3, 2008 at 4:48 PM EST
Witch
Points: 861
star chaser says:
Oh please, that is so stupid. Do they really think they can win against WB? Ok so they formed before JK released GoF, but what are the chances she had heard of them?
Posted Mar 3, 2008 at 5:15 PM EST
Witch
Points: 645
Stage Violence says:
Um, is it me, or was the Weird Sisters mentioned in the HP books prior to 2005 when the Wyrd Sisters band was created? Also, I think they are suing for notority- they want the green.
Posted Mar 3, 2008 at 5:16 PM EST
Friendly Deaf Angel
Points: 5169
Friendly Deaf Angel says:
Wow..so many People are so mad...i mean..come on..they should be happy that they are haveing publisity or something...but it was not Jo fault at all..and they dont have the same name eather...wow..that all i can say..it makes me laugh too..
Posted Mar 3, 2008 at 5:26 PM EST
Muggle
Points: 1
Inime says:
For those who don't know, the phrase Weird or Wyrd sisters is not one that JK Rowling, Terry Pratchett, or this Canadian band made up, it goes back centuries:
http://en.wikipedia.org/wiki/Norn
I really don't think the band has a case here. The whole thing is ridiculous.
Posted Mar 3, 2008 at 5:31 PM EST
Ravenclaw Mastermind
Points: 9743
Isilwen Ciryatan says:
I actually remember hearing about this case when they first sued before the release of GoF--didn't know it was still going though. I don't see much point in continuing the trial, as it sounds like such a waste of everyone's time on the case. It probably is just for the publicity of the band, as previously mentioned, but what a lot of money to have to pay up! I hope this can end soon.
Posted Mar 3, 2008 at 5:58 PM EST
Witch
Points: 991
OffTheLoop says:
This is embarrassing for all Hp canadian fans!! Dont they know that they're never going to win this case? They should just quit now and try to salvage some of their reputation, if they had any to start with.... :P
Posted Mar 3, 2008 at 6:15 PM EST
Half-Blooded Fooch
Points: 2447
fooch48 says:
I think this whole situation is pathetic. This band is obviously hurting for publicity. They should find something better to do with their free time
Posted Mar 3, 2008 at 6:44 PM EST
Order of Merlin, 2nd Class
Points: 1608
~Harry's true love~ says:
I say it's a waist of a good court room? Come on! Harry Potter is one if not the most known books in the world. I would be stoked if something that represented me would show up in one of the books! It's not like it has damaged their image. I would guess it had helped it a lot actually.
Posted Mar 3, 2008 at 7:16 PM EST
Professor
Points: 1104
Ravenclaw Tower Dude says:
Has no one read/seen Shakespeare's "Macbeth"?
The witches are referred to as "The Weird Sisters."
JKR used the same entitlement.
So despite there being a rather obvious mispelling, this little Canadian group should be happy the Shakepearean company isn't suing them for name infringements.
Its time to get over it, "Wyrd Sisters."
If you were semi-famous (meaning people would have heard of you...) I could understand, but I've heard more mention of this fictional band than you're corporeal group.
Posted Mar 3, 2008 at 7:18 PM EST
Custodian of Miracles
Points: 3264
MadamDumbledore says:
What next?
I'm not too sure if there would be any original band name that JKR could have conjured up. There are thousands of bands out there...
Posted Mar 3, 2008 at 7:20 PM EST
Auror
Points: 2621
hbluvhp says:
Wow... talk about relentless! I thought that this story had lost steam long ago but I guess those other sisters are fighting it out!
Posted Mar 3, 2008 at 7:25 PM EST
Order of Merlin, 1st Class
Points: 1827
Lady Leo says:
This group needs to give it a freakin rest already!! Now it does seem like they are trying to get famous off of Rowlings work. Besides Weird and Wyrd arent even close to the same thing. Weird means strange, whereas Wyrd is a concept corresponding to fate during the Anglo-Saxon period! I dont understand how they even have a case. Also the Weird Sisters could be a reference to Shakespeares characters in MacBeth, the three witches. They were also called the weird sisters. So overall this case should be dropped against warner brothers. the end.
Posted Mar 3, 2008 at 8:06 PM EST
Prefect
Points: 369
Big_D says:
Give it a rest! The Warner Brothers will never let that happen. As Bethanie Hart says the Weird Sisters are also in Shakespeares Macbeth so it does not really matter just let them drop the case.
iheartlockhart
Posted Mar 3, 2008 at 8:17 PM EST
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