Ms. Rowling scores yet another victory for intellectual property creators by successfully getting an injunction stopping the release of the Harry Potter Lexicon. The “author” of that book claimed that his “encyclopedia” using vast amounts of Rowling’s work was protected under fair use. Not so fast, Bucko!
Note that the damages awarded were really minimal. This was because the Court did not want to discourage legitimately compiled reference works. Also, the book had not been released yet.
Damages: Minimal.
Potential Fees and Costs Award: Not So Much.
Don’t forget that prevailing parties in CI cases can recover fees and costs from the loser, unlike most other types of litigation in America. If defendants have two neurons to rub together, they’ll realize the cause is lost, and waive appeal rights in exchange for costs waiver, if the plaintiffs will agree to it.
M