HK court orders Harry Potter-themed cafe to compensate Warner Bros. for copyright infringement

A Hong Kong court has ordered a Harry Potter-themed cafe in Mong Kok to pay a compensation fee to Warner Bros. Entertainment for copyright and trademark infringement. 

On 8 August, High Court judge David Lok Kai Hong ordered 9 ¾ Cafe and its owners to immediately stop using any of the trademarked properties. He also ordered the owners to reveal the cafe's earnings and compensate Warner Bros., while allowing it to apply for canceling the cafe's trademark, according to Ming Pao.

Lok said that the cafe did not request permission from Warner Bros. before adopting the iconic elements seen in the film, which may affect Warner Bros.' business reputation.

The lawsuit came as local reports emerged around Warner Bros. Entertainment filing a lawsuit against the Harry Potter-themed "9 ¾ Cafe" for copyright infringement back in January 2019. According to HKEJ, Warner Bros. accused the cafe of infringing the company's copyright and transformed it to original art work within the restaurant, including the 9 ¾  platform which appeared in the Harry Potter films. 

It also said the cafe had infringed a number of Hong Kong-registered trademarks that included "Harry Potter," "quidditch" (麻瓜魁地奇), "Professor McGonagall: and "muggles" (麻瓜) in the menus, said the Ming Pao report. Warner Bros. Entertainment demanded an unspecified sum of damages, a removal order and multiple injunctions from the court.

All the listed defendants including D.K.A.J. and its four directors, Kelvin Ching Kai Lim, Tsang Chiu Yeung, Wan Chin Yeung and Leung Chin Hei did not appeared in court. Tsang admitted the decorations were bought from Warner Bros' Harry Potter Studio in Tokyo and Chinese eCommerce platform Taobao.

Meanwhile, a check by MARKETING-INTERACTIVE saw on local online food and restaurant guide Openrice that the cafe is currently in operation. The Ming Pao report said a notice has been shown in the entrance to remind visitors that the cafe is not related to Warner Bros, Harry Potter, or its author J.K. Rowling. 

MARKETING-INTERACTIVE has reached out to the restaurant and Warner Bros. for a statement. 

Photo courtesy: 9 ¾ Cafe's Facebook page, OpenRice

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