Suit Alleges San Diego Firm’s Costumes Derive From ‘Potter’

Time Warner Entertainment Co. sued a San Diego-based costume maker Monday, alleging the company has been stealing ideas from the best-selling Harry Potter book series for Halloween costumes.

In the lawsuit filed in Manhattan federal court, Time Warner, which owns Harry Potter merchandising rights, accuses Disguise Inc. of “shamelessly trading upon the goodwill embodied in the plaintiff’s valuable trademarks” by marketing Potter-based costumes on the Internet. U.S. District Judge Louis Stanton issued a temporary order barring Disguise from advertising and selling the costumes.

Neither side immediately returned calls seeking comment.

According to the suit, Disguise had sought permission last year to sell a costume consisting of a yellow-and-maroon-striped shirt, maroon cape and black, goggle-like glasses. The costume was based on the illustration of Harry Potter featured on the cover of J.K. Rowling’s book “Harry Potter and the Philosopher’s Stone.”

Time Warner ended up granting an exclusive license to another costume maker.

But last month, Time Warner officials say they discovered that typing the words “Harry Potter” into a search window on Disguise’s Web site, https://www.disguise.com, produced a photograph of the same costume pitched to them last year.