Harry Potter and football

Great confusion in Turkey.

One day, it was reported that Warner Bros. had filed a lawsuit against footballer Kerem Akturkoglu. The next day, Warner Bros. denied the entire lawsuit, and the case seemed to vanish into thin air.

What was going on? It’s well known that football players increasingly use their own movements and gestures to celebrate a goal. Kerem Akturkoglu is no different. For four years, he has celebrated his goals with a spell-casting gesture: he waves his arm like a wizard casting a spell with an invisible wand, exactly as Harry Potter would do. To fuel the gesture and its Harry Potter association even further, the footballer — who is now called “Kerem Potter” by fans — also shared a photo of himself on social media wearing the iconic Harry Potter glasses.

A movement in the air that infringes on Warner Bros.’ trademark rights? That would already be quite a stretch, of course. While gesture marks by footballers are occasionally filed as trademarks, not every mark is accepted. A movement like the one used by Harry Potter is common property and such an application would likely be rejected from the outset. And even if Warner Bros. did hold rights to this gesture, a celebratory move by a footballer does not constitute trademark use for goods or services.

With Warner Bros.’ denial, the story turns out to be nothing more than a storm in a teacup — which is probably for the best.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.