Cleveland partner Deborah Wilcox, Ohio coordinator for the firm's Intellectual Property, Technology and Media Practice, co-authored an article, "Unauthorized Guidebooks on Character Properties," with Cleveland associate Gretchen Lange, which was published in the February 2009 edition of The Licensing Journal.
According to Wilcox and Lange, "Unauthorized guides are an issue character licensors may face from time to time, and in light of that, character licensors should familiarize themselves" with the case of a Harry Potter fan who compiled an unauthorized guide to the famous book series—and the court decision which found copyright infringement and enjoining publication of the guide.
The authors go on to provide an overview of the case and its main issues, including allegations of unilaterally misappropriated content, lack of any disclaimer in the title or on the cover of the guide, and trademark infringement. The court found on behalf of Harry Potter author J.K Rowling and Warner Brothers (which has exclusive film rights to the book series and exclusive film distribution rights).
Wilcox and Lange conclude: "Character licensors for many properties face similar copyright, trademark, and unfair competition issues regarding unauthorized works. While each case must be analyzed on its own facts, this decision over the Harry Potter works provide a roadmap for where to draw the line between permitted conduct and illegal copying and association with another's work."