Winnipeg folk group demands Harry Potter DVDs, video games destroyed

Last Updated: Sunday, March 2, 2008 | 1:52 PM CT

CBC News

A Winnipeg folk group's $40-million lawsuit against Warner Bros., the studio behind the Harry Potter films, calls for the destruction of all DVDs, CDs, video games and other items that refer to a musical act named The Weird Sisters.

"The Wyrd Sisters have spent over 15 years working on and developing the goodwill associated with their band's name," said the group's statement of claim filed in Federal Court in Toronto recently.

"All of these efforts will be nullified as the goodwill is wiped out in the tidal wave of fame associated with the Harry Potter phenomenon."

Warner Bros. has not filed a statement of defence, nor has it released any comment related to the matter.

The folk group — its members are singer-songwriter Kim Baryluk, and an assortment of singers and musicians — tried to block the November 2005 Canadian release of Goblet of Fire because, like the novel on which it is based, it features an act called The Weird Sisters.

The film is based on author J. K. Rowling's hit book. The Weird Sisters is a term inspired by William Shakespeare's Macbeth.

Warner Bros. removed any reference to the band's name from the movie, but Baryluk said the damage had already been done prior to the film's debut.

"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.

Studio files motion

The lawsuit seeks the destruction of all visual performances, sound recordings and merchandise relating to the Harry Potter Weird Sisters band, which includes the film's soundtrack, video games such as Harry Potter and the Chamber of Secrets, and the Harry Potter Scene-It game and trading cards.

The studio has already hit back, filing a motion in Manitoba Court of Queen's Bench, alleging Baryluk has failed to pay the $140,000 judgment against her in 2006.

The musician has been ordered to attend a meeting in Winnipeg at the offices of the lawyers for Warner Bros.

This battle royale has also extended to Ontario Superior Court, where Baryluk's lawyer is alleging improper conduct on the part of two judges and two Warner Bros. lawyers stemming from the initial 2005 hearings.