PORT TOWNSEND — A video store that created its own version of butter beer, a drink featured in the Harry Potter series, received a letter last week from a lawyer representing Warner Bros. Entertainment, which distributes the film series, telling them to cease selling the beverage under that name.
But a spokesman for the company said Tuesday that the store could continue selling the concoction as long as it was not attached to the Harry Potter name.
Owners of Vasu Video, 1030 Lawrence St., brewed up a beverage made of caramel, cream and butter as a way to celebrate the release of the final Harry Potter movie in July and sustain interest for the films that are on video.
The Peninsula Daily News’ July 24 story about the store was picked up by The Associated Press and published nationwide.
On July 27, the store received a certified letter from attorney J. Andrew Coombs, whose letter was not on Warner Bros.’ stationery, that said the product “constitutes a direct infringement of Warner Bros.’ trademark.”
Coombs told the store to “provide in writing a statement promising to never utilize or reproduce any of Warner Bros.’ trademarks in the future.”
This demand puzzled Vasu co-owner Liam Cannon, who uses trademarks of Warner Bros. and other studios as ways to promote video rentals.
Cannon said he had researched the “butter beer” trademark and found that it was not taken but later found that “butterbeer” as one word was trademarked.
By that time, the store had changed the name to “Wizard’s Butter Brew.”
Coombs did not return a call requesting comment.
Warner Bros. spokesman Paul McGuire said the matter had been resolved amicably and that the store could sell “butter beer” or “butterbeer” without a direct reference to the films.
“We always protect our trademarks,” McGuire said.
“But as long as they don’t use the words ‘Harry Potter,’ they can call it anything they want.”
Cannon said he had not heard this directly from Warner Bros and that Coombs’ letter was the only communication he had received on the issue.
He said he had never used the words “Harry Potter” on the sign, presuming that to do so would violate the trademark.
Prior to the letter, store co-owner Sinead Cannon, Liam’s wife, said she was thinking about marketing the drink “because it tastes pretty good.”
After the news story, a few people came in and purchased drinks, but the local impact was negligible, owners said.
The nationwide press attention was another matter.
“One day, we got a call from our distributor saying ‘Great article. You guys made Fox News,’” Liam Cannon said.
“The next day, we got that lawyer’s letter, which was a shock.”
In her response to Coombs, Sinead Cannon wrote, “Let me begin by thanking you. We are a small business in a small town and such notoriety is a rare occurrence.”
Liam Cannon said he wasn’t sure what the drink would be called in the future but that he’d like to go back to using “butter beer.”
“We’re having a staff meeting this weekend and will decide what to do then,” he said.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
