A few readers have emailed

A few readers have emailed me and asked why I did not have permanent links to the Harry Potter Anti-Warner sites like PotterWar and DADA. I cannot speak for the rest of the editors at “The Leaky Cauldron” but while I fully support the right for fans to have their own Harry Potter-related domain names, Warner Bros. does have a right to find out what people are going to use the domains for. For instance, Warner Bros. does have a trademark for “Leaky Cauldron” as well as “Harry Potter“. As a result, they have a right to go after people creating domain names specifically to sell them back to Time Warner or use them for Web sites that sell products. You’ll notice that I’ve put a legal disclaimer at the bottom of this site and registered a .org instead of a .com. For those reasons, I have not been approached by Time Warner about using their trademark in my domain name – I’ve established my “intent” for the domain.

The Harry Potter phenomena has created some new situations for Time Warner and they’ve been quick to apologize for their legal department’s trigger-finger tendencies to send out letters to people who domains with “Harry Potter” as part of them. I have not been made aware of any situation where Time Warner has brought legal action (not threatened) and shut down sites or brought lawsuits against anyone except cybersquatters (people who register domains simply to sell them for a lot of money). If I am incorrect, please let me know. To my knowledge, the multiple issues of Time Warner going after fan sites have been dropped once the media covered them and a few sites have decided not to fight the legal threats and prove they are not violating Time Warner’s trademarks thus shutting down on their own.

Time Warner has a legal obligation to actively keep an eye on their trademarks or loose them. If they continue to go overboard and try to take down fan sites using “Harry Potter” in their domain name, then I will be the first to report it. But as this is not happening, I see no need for the “Fight Time Warner” and say that “We’re at War With Warner Brothers” like many of the messages I’ve seen on the Rumor Monger board of the Official Harry Potter Movie Site. This “hate” campaign sounds like something Voldemort or the Dursleys would create.

I would encourage everyone victimized by Time Warner’s legal letters as well as fans concerned about their sites being closed to educate yourself about the trademark process and domain name disputes. You are very much allowed to use trademark names in your domain as long as you are not trying to make money off them – that usually includes selling products and even advertising. For more information about domain name disputes, please see this paper I wrote for college and if you have any more questions, please ask. Just don’t go around spreading random hate without understanding how to fight the problem.

Those who are readers of this site will know I’ve been very critical of Warner Bros. for their tight hold on information for both the movie and merchandise as well as their decision to shut down their Studio Stores and online shopping site. If WB continues beyond “establishing intent” for a fan site (that is, they send a letter and do not accept the reason for its existence) and I believe the site is unworthy of the legal action, I will be happy to leverage my press contacts at large media organizations including CNet, the NY Times and the Wall Street Journal to make sure the situation gets the necessary attention to keep WB honest. Email us at [email protected].

The above reflects my own opinion and not that of the rest of The Leaky Cauldron staff.