Wyrd Sisters Continue Legal Battle Against WB

116

Mar 03, 2008

Posted by EdwardTLC
Uncategorized

The Toronto Star newspaper is reporting Canadian folk group The Wyrd Sisters, are once again pressing further legal action against Warner Bros. in the continuation of a $40 million lawsuit now seeking the “destruction of DVDs, compact discs, video games and other paraphernalia” which contain reference to the fictional “The Weird Sisters” band. This lawsuit targets “all visual performances, sound recordings and merchandise relating to the ‘Harry Potter Weird Sisters’ band” which would include the film’s soundtrack, various video games, Harry Potter Scene-It DVD game, and trading cards.

Originally, the Wyrd Sisters filed a lawsuit in mid-2005 to block the release of the “Harry Potter and the Goblet of Fire” film due to their feeling an association with a fictional band named “The Weird Sisters,” a name which was only referenced in the books, had harmed their reputation. The musical act portrayed during a brief scene in the “Goblet of Fire” film, was never mentioned by name. Readers will remember the band’s original case of trademark infringement was unsuccessful and they were subsequently ordered to pay a judgement of $140,000 to WB for various legal fees. According to the article, this judgement has not yet been paid and notes a decision made by the court requiring a meeting of the band members with WB.





96 Responses to Wyrd Sisters Continue Legal Battle Against WB

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this is just stupid.

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^I second that^

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Especially when you consider that the Wyrd Sisters are from Nordic/Anglo-Saxon mythology. It sort of like trying to trademark The Muses.

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Not sure what they’re doing really makes all that much sense… that is a lot of money…

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Hahaha this is ridiculous.

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Yeah… seriously…

Dear Wyrd Sisters and J.K. Rowling,

We are are taking legal action against you for the use of a phrase you stole from our client’s work. We enjoin you to remove all references to it from all your books and products or face the consequences.

Your humble servant, I. M. Bogus Legal counsel to the estate of W. A. Shakespeare

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yeah i agree with Lindsay, i mean the band was never named in the movie, and why are the Wryd Sisters trying to get money from WB when it is probably going to be unseccesful. I mean if they were to sue anyone, it would be smarted to sue Jo becuase she was the one who created the Weird Sisters, although no one should sue Jo

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Baryluk said in the article:

“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,” reads her statement of claim.

Wow. That is one of the stupidest things I have ever heard. Especially the “reverse is true” bit.

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Oh please… I thought we were done with these people…

I think they’re harming their own reputation, and that’s not WB’s fault. They’re coming across as lawsuit-happy and nasty.

I also like the fact that they’re suing WB, too, even though the Wierd Sisters band never appeared in anything except the books. Maybe they’re too scared to take on Jo. Or maybe they’re trying to capitalize on the fact that WB & Jo are in the middle of another lawsuit right now. To whoever the judge to this case is, please please please throw it out. I smell frivolity.

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Really? Of all the fights they could have picked they had to fight with WB! jeezz…..

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Wyrd was the goddess of fate. Honestly, this is mythology, not just Harry Potter. Obviously they are suing for money, but this is a fruitless case. Why not just sue the ancient Normans? :P

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This is crazy! I mean it’s probably good for them right? It’s probably a publicity thing, trying to get attention you.

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This is flipping stupid and ridiculous.

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Just visited the Wyrd Sisters’s web site. In addition to portraying themselves as the victims, they also espouse conspiracy beliefs that the collapse of the Twin Towers on 9/11 was not a terrorist act but rather was set up by the US government—among other outrageous and crackpot theories.

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This is so idiotic! The Weird Sisters were a group of witches in Macbeth, so yeah it makes sense that Jo would name a band in the wizarding world after them. Neither she nor the Wyrd Sisters own the term (I don’t think anyone does, as I don’t think Shakespeare made up the term and its original origin is most likely unknown-but don’t hold me to that.) It’s like trying to own the term “King Author.” This is one of those money-grabbing things that makes me so frustrated with people’s misuse of the court systems.

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Wow. And Shakespeare should sue the band.

Never underestimate the level of dumb some people manage to generate.

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Maybe Terry Pratchett should sue the Weird Sisters, or Wyrd Sisters or however they spell it. He published a book with that title (Wyrd Sisters) in 1988, as part of his Discworld series.

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Suddenly I remember this from all those years ago…wait, no, I wasn’t part of the online community properly then. What am I remembering? Bah, this is absurd. That’s right everyone, JKR found an obscure Canadian band that happens to have a name that has a classical origin and doesn’t seem to be able to keep constant members, and decides to alter it so she can make her successful books even more successful! ‘Caue, who doesn’t want to read a book full of maybe three references to something they’ve never heard of. I believe the term “frivolous” fits here.

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Sorry I can’t help but laugh. Some unknown band from Canada is sueing because they want some money. If they have tried this before and failed my guess would they will again. They haven’t got a legal foot to stand on. Seems a little odd to me that they are going after WB and not Jo. At least WB will get a good laugh at the second attempt.

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This is stupid and just ridiculous.

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My god. What a ridiculous lawsuit. It sounds to me like they’re trying to boost their own popularity by getting their name out by use of this lawsuit.

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Changing the band’s name would be easier. They are just trying to get a lot of money from WB. I don’t mind, as long as they stay away from the movies.

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This band almost made me have to drive down to the states to watch GoF in theatres and are now making me ashamed to be canadian.

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Sam, Don’t worry we have our own brand of crazy. We won’t hold the entire country responsible for the actions of an obscure musical group. ;)

I bet the fictional band in the movie sounded better than they ever have, anyway. ;)

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Surely the Wyrd Sisters should sue Steve Vander Ark and Roger Rapaport for copyright infringement by mentioning them in the Lexicon without their permission, or, for destroying their reputation by having their name associated with HP at all. Weird Vander Sisters anyone?

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They’re still at it? Are you serious?!

Has anyone mentioned to them that the name Weird Sisters comes not from their group, but from Shakespeare…...?

Really one has to wonder if this band has ever actually created music, or if it was only formed as a half-assed attempt to make some $$$.

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Will they give the lawsuites a rest! What is it leap year equals ridiculous lawsuite year? Trying to surf on the RDR wave? Allow me to go Trelawney on them and forsee Davy Jones Locker welcoming the whole bunch of them, yo ho yo ho…

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It does seem ridiculous and unfounded. If it wasn’t likely that they’d be paying legal fees, I’d say the Wyrd Sisters were just looking for some publicity! Maybe the they justify the legal fees by reasoning that paying for this type of publicity would actually cost much more! Sometimes people will do just about anything for attention…

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oh wahhh wahhh wahhh. I swear, some people will do anything to whine and get attention for it. Honestly, in their eyes they see this as publicity. In reality its just making a whole bunch of people think they are morons and killing what MIGHT have been left of their mediocre career.

Another one bites the dust.

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One word…people…one word: Money

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I’d imagine they’re still fighting this because if they give up now, they’ll apparently owe WB $140,000. Though how stupid can they be if they don’t realise that they’ll never win and will only rack up more legal fees… sigh, idiots.

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Where’s that “rollseyes” smiley when I need it…

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One word…people…one word: Money Posted by Sonja on March 03, 2008 @ 07:10 PM

Was your one word “people” or “money”, Sonja?!!! Sorry, but I may have to sue you for confusing me!

:P

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What a waste of money for the Wyrd Sisters. They’re not going to win…why?! sighs Stupid people.

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Oh for heavens sakes…its crying over spilt milk!

They need to get over it…i’ve yet to hear of someone who went to a Wyrd sisters concert thinking it was the HP band.

Not to mention…why dont the sue Jo? She’s the one who came up with the name in the first place.

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I loved this quote: “But Baryluk’s lawyer has said the issue centres on which musical act has the right to use the name.”

Uhm, the band in the book isn’t real. I think they (the band and their lawyer) probably need to be examined by a psychiatrist if they’re worried about a fictional band that appeared in one book.

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Wouldn’t it just be easier to sort of vaguely reference HP in their own advertising to attract new listeners? Because, yeah, you took your band name from either Shakespeare or Terry Pratchett—Surprise, surprise, someone else thought of that too. They’re going to lose this thing so hard. I can’t believe their lawyer would take this case—must be one of those lawyers who charge a ridiculous amount even when they lose…

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Yet more evidence that there are too many lawyers and not enough common sense! : o P

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They just need some money because they’re so horrible

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This is bloody ridiculous.

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I can only swallow so much stupidity…

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“Was your one word “people” or “money”, Sonja?!!! Sorry, but I may have to sue you for confusing me!

:P Posted by MaraudingDon on March 03, 2008 @ 07:23 PM “

LOL

okay..it´s money ;-p

and bingobango: you´re right; we need smilies here

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The spelling isn’t the same is it? Wyrd for the band and Weird from the mention in the book? “The Weird Sisters” is a pun on the witches from MacBeth. If it were possible to sue JKR and WB for the use of a name then all the real people with the name Harry Potter would be able to do the same thing. A name is a name – unless it’s a brand. I suppose if the name was Albus Microsoft there might be a problem. In the book The Golden Compass, Philip Pullman got the wonderful name of “Serafina Pekkala” from a phone book in Finland. Unless there is trademark infringement by JKR or WB – which in my layman opinion there isn’t, the Canadian band is just wasting money. They would be better off turning their talents to Wizad Rock and be done with it.

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According to Jo, if anyone has a right to be upset about the use of a name in the series, it should be the people of the town of Dursley which had it’s name lent to the most infamous muggles in the world.

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Fair Ravenclaw Glenn- Or the poor down of Dawlish, now known as being called “a bit of an idiot” and for attempting to fight off old ladies. “course, I bet any tourism there has jumped slightly by those of us out there who would go to all the places Jo got her names from. I would, if I had the time and money.

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Grr, meant town, not down.

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Pathetic. They give my country a bad name.

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This is pathetic.

Anyone else notice that PotterCast’s site is down?

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So, let me get this straight. They think that the fact that JKR named the fictional band Weird Sisters in the book (but not named in the movie, whose studio they are suing because they are the deeper pocket) makes the actual band named Wyrd Sisters, look bad in the eyes of the pbulic because they look like they are trying to ride on the coattails of the super popular HP series?

Whereas their suing WB in a blatant attempt to drum up publicity on a spurious legal theory makes them look good somehow? This stupid lawsuit is making them look worse than anything they could possibly allege WB did to them.

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Obviously they don’t know that their “15 Minutes” were up a few years ago…

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Snargaluff … I second that … give enough monkeys enough keyboards and they will type something someone can sue about … eeeeeeeeeeek!

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lol.

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QUOTE ”$40 million lawsuit now seeking the “destruction of DVDs, compact discs, video games and other paraphernalia” which contain reference to the fictional “The Weird Sisters” band. This lawsuit targets “all visual performances, sound recordings and merchandise relating to the ‘Harry Potter Weird Sisters’ band” which would include the film’s soundtrack, various video games, Harry Potter Scene-It DVD game, and trading cards.” END QUOTE

What do they want Warner Brothers to do. Recall all the DVD’s, compact discs, video games, DVD games, and trading cards they sold so they can all be destroyed. SHEEEESH!!!! The nerve of them. They aren’t getting mine, I can tell you that. Therefore negating the destruction of all of them!

Come on band, let’s get real here, the name wasn’t originated by you. It is not even spelled the same. Shakespeare and Prachett had it first and I don’t hear them complaining (Pratchett at least, anyway. I don’t imagine Shakespeare cares much any more.) Money is what it all boils down to.

It is not very realistic to sue to have everything destroyed. Like I said, I’m not giving up mine, and I don’t believe many of the rest of us would either. You are just making fools of yourselves, and running up higher fines to pay off.

Kay

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First them and now Steve- I think this is getting out of hand. First of all these chicks need to realize that the great William Shakespere created the initial Weird Sisters so Jo didnt steal anything from them.

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I wholeheartedly agree with Remus Lonno (I mean, I.M. Bogus Legal Counsel). I would really LOVE

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Oops, aborted post! I was fending off the ants which have invaded our county by the jillions.

I would really LOVE to see lawyers penalized severely for bringing such ludicrous complaints to the court.

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This is ridiculous. JKR and WB already have their hands full with the Lexicon.

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some people are just completely bored. Why not read to kids, feed the homeless, plant some trees, since you obviously aren’t making music!

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The Wyrd Sisters claim: Consumers will assume that the smaller and less famous Canadian band is trying to take advantage of the Harry Potter fame,” said the statement of claim.”

They don’t want people to think their taking advantage of the Harry Potter fame, so they sue WB for $40 million dollars? Where are they getting the money to initiate these legal proceedings, seeings how this group hasn’t paid it’s bills from the first suit yet.

In the immortal words of Grouch Marx: “He may look like an idiot and talk like an idiot but don’t let that fool you. He really is an idiot.”

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Honestly, I was so surprised when I read this for myself in my copy of the paper this morning. This is so ridiculous. The Wyrd Sisters clearly aren’t busy enough with their music so that they have the time to continue with this nonsense. How they’re paying their legal fees, I have no idea.

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Who are these people anyway? I wasn’t on here in 2005, so I’m a bit clueless…sorry…but from the link and all of your comments, it seems a pretty ridiculous case.

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Ugh, my brain hurts just from reading this, methinks that they just want publicity and money because I have no idea how they can possibly justify this in their heads otherwise.

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They have no case. In the film, the name wasn’t used. Also, Jo took the name from Macbeth, which has long been out of copyright (Shakespeare has been dead for more than 70 years) I think their doing this to avoid paying the legal fee’s for WB.

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The only way this lawsuit would be at all logical would be if they were suing an actual band called the Wyrd Sisters.

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This is ridiculous. What are they going to do next, sue every theatre company that does Macbeth?

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Oh Oh – I made myself up a “Weird Sisters” tee shirt for Halloween – better go home and burn it before the lawyers get wind of it. I am Canadian – never heard of the Wyrd Sisters before the lawsuit. Perhaps they are attempting to get some free publicity as negative news stories has been know to work for some!!!

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@Rachel “This is so idiotic! The Weird Sisters were a group of witches in Macbeth, so yeah it makes sense that Jo would name a band in the wizarding world after them. Neither she nor the Wyrd Sisters own the term (I don’t think anyone does, as I don’t think Shakespeare made up the term and its original origin is most likely unknown-but don’t hold me to that.) It’s like trying to own the term “King Author.” This is one of those money-grabbing things that makes me so frustrated with people’s misuse of the court systems.”

Actually, you could say the same about “Apple.” Apple is something we all eat. Apple computers should not be able to trademark that name. But it is actually trademarked, and they were in a lawsuit with the Beatles over that name. Thus, it is an original idea to take that name and make it a band name. I don’t think this is all that stupid…

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“JKR and WB already have their hands full with the Lexicon. Posted by John” I think that WB have corporate hands enough for a great many lawsuits. At least they aren’t trying to sue JKR (though it would make more sense, she is the one who actually USE a bandname which sounds almost like theirs). They must be crazy – and they are certainly not getting their hands on my DVD either.

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Sooo embarassed to be Canadian right now. Please don’t judge us by this.

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They are even objecting to the COS computer game because during the game you can collect Chocolate Frog Cards which include band members of the Weird Sisters.

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I have a feeling that Mallory idiot will be back as well for yet another useless publicity attempt.

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Hello, hello, it’s Celestina Warbeck here. Can anyone tell me how to contact Warner Brother’s solicitiors, i need to file a law suit?

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Actually, scrap my last comment. I’ve just realised that my Leaky name “Weirdestofsisters” probably means they’re going to try and sue me! Damn, and i’ve just gone and given away my identity – better do an Uncle Vernon and board up the letter box on my front door – don’t want any “damn letters”

To Cathy, I also have a purple “The Weird Sisters” t-shirt (ala Tonks at the end of HP&TOOTP), that i printed myself – great minds think alike!

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this is one useless suit, total wastage of time, i mean they should pick on someone there size not WB

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The spelling doesn’t even freakin’ match up!

so effing laaaame.

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SNIFF SNIFF what’s that I smell? PUBLICITY This gets their name out there, bringing them attention (albeit foolishly and in a costly manner). JMHO.

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What is really sad about this is that this ridiculous law suit wastes tax dollars and the time of the court when they could be dealing with REAL issues and cases. Normal people try to go to court over an actual infringement of rights and have to wait two years because the courts are clogged by idiots just trying to make a buck. Yet another reason I wish I could climb out of our society and into a Harry Potter book.

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Ok guys I would just like to ask the question on whether such a thing can be trademarked. After all similar trademarks exist of common known universal things. I’m not entirely sure how trademarks work although I know there is a concept of fair use with a trade mark with I think it possible Macbeth would fall under as it is in a different context than the name of a band.

Also I wonder over all why JK then hasn’t been brought into this as she more than anyone uses the weird sister in the context of a band name.

When did the wyrd sisters band first came out and depending on when would this affect there being able to trademark this name over JK if she was to first use it in this context before them.

I am just wondering if this lawsuit hold more water than some give it credit for.

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Good point Booksie. The example of “Apple” being used in an earlier post by Daniella. Apple Records went after Apple Computers many years ago for trademark infringements, I don’t recall how it turned out but Apple Computers is still using the name and there didn’t seem to be a lot of press on the topic so I’m guessing if they didn’t invent the “apple” they couldn’t fight over the name.

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Well I’m just gonna go back into my creative writings from when I was 7 and find something that I wrote that could possibly be the same as something else so I can sue WB too.

Good gracious. I suppose that it does come with the territory. Lawsuits, blackmail, etc. Being famous, having money and power, it all comes with the territory and unfortunately there are those individuals out there who feel that they have the right to exploit those with money and power and try and get whatever they can out of them.

Luckily JKR has a great law team in WB and oh yeah, the Weird Sisters can be traced back to Elizabethan times. These people are nuts. They really need to check their facts. All they are doing is wasting their own time and money in these frivolous law suits. In the last one they were ordered to pay a large amount of money to Warner Brothers for basically wasting their time.

Now they are asking for destruction. Good luck with that. Enjoy getting an even larger bill.

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There’s a wikipedia article on Apple versus Apple: http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer Some big money was involved at times, 26-27 million at one point. Since WB doesn’t actually name the Weird Sisters (or do they on some merchandise?) it’s a bit tough, although to many fans, whether named or not, the band in the movies is the Weird Sisters, and they may think the real band is riding coattails… or the real band may be getting free publicity through the Harry Potter films. It does seem that WB did their research and didn’t name the band in the movies for a reason. But if they named them elsewhere, like in video games, etc… then I don’t think the case is clear cut.

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This must be the most ridiculous lawsuit I’ve seen in ages. They must have a lot of money, to be willing to pay all the legal fees they will certainly have to. Wyrd people indeed.

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Good God.. Why is our world filled with such stupidity? Even if the band names were identical in spelling, holy freakin’ hell, it’s a fictitious band vs. a real one. Ooo.. Such a horrific threat to our popularity! How will anyone tell us apart! Our twenty fans may become confused and no longer listen to our vastly different music!

Using basic logic, I highly doubt JK Rowling knew the Wyrd Sisters existed when she wrote her books. Even if she did, big deal. It’s a name. I, for one, would be rather flattered to see my name borrowed in such an endearing way, but I digress.. It is a name that doesn’t even use the same spelling or has any standing in the real world.

Do we see Weird Sister CDs and performances touring major cities? No. It’s a band that’s mentioned all of three times in the course of seven books in the name of plot detail. Whoopie.

Unless the Wyrd Sisters are a British wizarding band, I highly suggest they learn to live with it the fact that they do not hold a monopoly on the name “Weird/Wyrd Sisters” and get on with their lives making music in the name of goodwill or whatever it is they do. That or be prepared to pay more court fees in the name of monumental stupidity.

Oh well, at least it’s good for a laugh.

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This is absolutely absurd. This lawsuit is frivolous in every single aspect. They honestly expect to destroy all material pertaining to the Weird Sisters. No way.

Did they come up for the name of their band after 2000? Because it is probable that this lawsuit should include all copies of the Goblet of Fire as well, considering their legal basis.

For all we know, Warner Brothers and J.K. Rowling should be seeking to sue them for exploiting Potter-related properties for profit.

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According to iTunes (where of course I get all of my legal information) the band in the movie is indeed the “Weird Sisters” though not mentioned by name in either the film nor given that credit on the soundtrack. To me, though when I first saw the film I had an original thought of “Huh, could it be? Nah…they are the Weird SISTERS, aren’t they all supposed to be girls? That’s the guy from Radiohead”. Whether or not everyone assumed it was the Weird Sisters… they were never credited as so. In the film credits they are simply “Band (whatever instrument they are playing IE Drums)” Its a bit ridiculous to claim that everyone knows that band (a bunch of guys) as the Weird Sisters if they have never read the books. They aren’t mentioned as the Weird Sisters and quite frankly, I wouldn’t assume that a bunch of scraggily looking guys would be known as “The Weird Sisters”. Weird, sure, but a bunch of sisters? Nah.

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This is totally ludacris.

I’m guessing that JK Rowling took the name frorm the Bay City Rollers (Whom she is/was a fan). Their nickname was: The Weird Brothers.

This Canadian group haven’t got a legal leg to stand on as the names are NOT the same.

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This really is just hilarious. They tried suing before and the case was thrown out and they were ordered to pay WB’s legal fees. (which they apparently still haven’t done) Now they’re suing again on the same grounds that they already lost on.

First of all WB is a HUGE company with teams of lawyers. They have no chance of winning a lawsuit without something fairly substantial. Which they don’t have.

Two what are they really after. Money obviously but I’m also kind of wondering if they’re maybe backed by one of the crazy religious groups that is just trying to get anything Harry Potter removed and banned.

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Neither Shakespeare nor Prachett came up with the name Wyrd/Weird Sisters( spelling is irrelevant in this case since it came from a period of non-standardized spelling) . It comes from Northern European mythology and is a common cultural heritage to Shakespeare, Pratchett and JKR. You can not trademark ANYTHING that is a shared cultural heritage PERIOD.

This is the epitome of a frivoluios lawsuits. These people are just plains nuts.

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Well, the Shakespeare materials are public domain (due to length of time since their original publication), so as long as JKR and WB can refer to that, I don’t think any court will enforce any sort of copyright infringement against the phrase.

Besides, the spelling is not identical.

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haven’t read many comments so maybe I’m repeating what others have said, maybe this is a countersuit because they can’t afford the legal costs of the case they won? Also, it’s publicity and all publicity is good, so they say.

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sorry, I meant the case they lost.

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Does anyone here like South Park? This case could be won using the Chewbacca defence, you know…

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I find this quite a battle, a pointless one, but a battle. I seriously though that the whole time, the GoF writers and directors were going to cut out them introducing the band as “The Weird Sisters” I thought they would not think it was like a big thing they would need to introduce, but the Wyrd Sisters though so, so I am guessing they filed it off of there. I wonder what they will do for the DH film, because Harry goes into Ginny’s room, and there’s a “Weird Sisters” poster in it. OH THE SHOCK. ?

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IF MONEY IS THE QUEST,THEN THE WYRD SISTER SHOULD PLAY UP THE NAME CONNECTION.THEY DO NOT HAVE A TRUE LEGAL CASE.THE NAMES ARE SPELLED DIFFERENT.FANS ARE LOOKING FOR ANY THING TO SATISFY THE HP ITCH.THEY COULD BE MAKING MONEY ON THE SUPPOSED CONNECTION.

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As Being A Citizen of Canada and a big muisc fan for small non famous group ive never heard of them and i think its just stupid of what there doing because all there trying to get out of this lots of money and to become famous out of it

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Dear Wyrd Sisters of Canada;

To quote one of your fellow countrymen;

“Get a Life!”

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