Swiss sex shop loses legal battle over ‘Harry Popper’ condoms
In 2010, the cantonal court had ruled that the Swiss manufacturer was no longer allowed to use the name “Harry Popper” to market its condoms or any other erotica products.
Keystone
A Swiss condom manufacturer must pay back CHF160,000 (USD 161,000) in profits to the entertainment company Warner Brothers due to trademark infringements, the Federal Court has ruled on Wednesday.
The court’s decision confirms an earlier ruling by a cantonal court in Schwyz which had ordered the Swiss sex shop chain Magic X, to pay back any profits it had made from the sale of its “Harry Popper” condoms.
Because the company had not provided sufficient evidence to determine how much money it had made from the sale of the product, the lower court had ruled that CHF160,000 was a reasonable estimate of the profits.
Magic X filed a complaint contesting this amount, but the calculation was now confirmed by the Federal court. The court said that the procedure complied with legal regulations.
The decision ends a legal battle between Warner Brothers, the owner of the Harry Potter brand, and the Swiss manufacturer, which lasted over ten years.
The Californian-based company first filed a lawsuit against Magic X in 2008.
In 2010, the cantonal court ruled that the Swiss sex shop chain was no longer allowed to use the name “Harry Popper” to market its condoms or any other erotica products.
Warner Brothers subsequently demanded compensation for the infringement and the repayment of the profits, which have now been settled by the Federal Court’s ruling.
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