A Harry Potter themed restaurant in Mong Kok has been ordered to compensate film and entertainment firm Warner Bros after being found guilty of copyright infringement by the High Court, according to several local media reports.
According to case details reported by local media on Tuesday, 9 3/4 Cafe was established in 2017. That year, it was contacted by Warner Bros and warned of potential infringements. Later, the restaurant registered “9 3/4 Cafe” as its trademark.
In 2019, Warner Bros sued D.K.A.J Limited, which operated the restaurant, for infringing its copyrights and trademarks.
Copyright is the right given to the owner of an original work. It arises when a work is created. A trademark is a sign that distinguishes the goods and services of one trader from those of others and it has to be registered.
Infringement of rights
The barrister representing Warner Bros said the restaurant had infringed trademarks registered in Hong Kong. For example, the restaurant’s trademark was “9 3/4 Cafe,” which corresponded to “platform 9 3/4” in the Harry Potter series, written by J. K. Rowling and adapted into a franchise of films by Warner Bros.
The restaurant also used trademarked characters from the franchise, such as “muggles” and “Hagrid”, on its menu, and contained a lot of Harry Potter-related items.
The barrister representing Warner Bros also said the restaurant infringed the firm’s copyright by displaying a luggage trolley made famous in the Harry Potter books and movies for disappearing through a wall.
Warner Bros requested the court to order the restaurant to remove all items that infringed its rights and cancel the restaurant’s trademark.
Judge David Lok ruled that Warner Bros owned the copyright for Harry Potter, while the characters were registered as trademarks. He also agreed that items like the trolley was a unique symbol of the Harry Potter series.
Passing off
Lok said the restaurant started operating without the permission of Warner Bros in September 2017 and could not explain the origins of its trade marks.
Patrons would be led to believe that the cafe was authorised.
He ruled that the trademark registration of the restaurant was invalid and the restaurant had infringed Warner Bros’s copyright and trademarks, and its actions were passing off.
Lok ordered the restaurant to reveal its earnings and compensate Warner Bros. It was banned from using any relevant trade marks.
The restaurant’s Facebook page on Wednesday said: “9 3/4 cafe is not related to Warner.”
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