In an effort to protect its lucrative Harry Potter franchise, Scholastic filed a lawsuit last week against author Nancy Stouffer, who claims that J.K. Rowling's Potter titles infringe on her copyrights and trademark. The Scholastic suit, also filed on behalf of Rowling and Warner Bros., which holds the film rights, is asking that the federal court in the Southern District of New York issue a judicial declaration that the Potter books do not infringe copyright and trademark rights in the word "Muggle," as alleged by Stouffer. The suit also seeks to enjoin Stouffer from making false statements and representations about her claim.
According to Stouffer's agent, Ken Curtis, Stouffer first contacted Scholastic in August about her concerns that elements in the Potter books, particularly the use of the Muggles characters, violated Stouffer's trademarks. Stouffer's Muggle characters first appeared in her 1984 book, Rah and the Muggles and were trademarked in 1986. Earlier this fall, attorneys for Stouffer sent cease and desist letters to Scholastic that asked the publisher to stop infringing Stouffer's trademark and requested that the two parties enter into settlement discussions. Stouffer's attorneys were preparing to issue a firmer cease and desist letter when Scholastic filed its complaint.
Kevin Casey, who is representing Stouffer, told PW at press time last week that he has a meeting scheduled with Stouffer and Curtis to plan strategy. "At this point, we're keeping all our options open," Casey said. He had no comment on the Scholastic suit.
In a prepared statement, Scholastic called Stouffer's claims "completely meritless."
