Swiss sex shop loses legal battle over ‘Harry Popper’ condoms

A Swiss sex shop chain 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 orderedthe Swiss manufacturer and distributor of the condoms, 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.

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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 itscondoms or any other erotica products.

Warner Products subsequently demanded compensation for the infringement and the repayment of the profits, which have now been settled by the Federal Court’s ruling.