J.K. Rowling, the author of the successful Harry Potter books and films, and Warner Brothers, which produces and markets Harry Potter movies and products, filed a copyright infringement lawsuit against book publisher RDR Books in the United States District Court for the Southern District of New York. Rowlings and Warner Brothers seek an injunction barring RDR Books from publishing The Harry Potter Lexicon, the print counterpart of the Harry Potter fan website, www.hp-lexicon.com. The website contains information on "the series’ characters, places, animals, magic spells, and potions along with atlases, timelines, and analyses of magical theory," according to a press release issued by Stanford Law School's Fair Use Project, which is acting a co-counsel to RDR Books in the case.

Rowling and Warner Brothers argue that the book, which had been scheduled to be released November 28, 2007, misappropriates elements of Rowling's imaginary world and otherwise violates the plaintiffs' copyright and trademark rights in the books, movies, and related products. RDR argues that it has the right to publish the Lexicon under the fair use doctrine, which is a defense to copyright infringement that permits the use of a copyrighted work without the copyright owner's permission for limited and "transformative" uses that do not damage the market for the original work.

On November 8, 2007, the court issued a temporary restraining order delaying RDR's publication of the book. Both parties agreed to the entry of this order, pending a hearing on a preliminary injunction scheduled for February 6, 2008.

Update:

The court decided to combine the preliminary injunction hearing with a trial on the merits, which is scheduled to begin April 14, 2008.

4/16/2008 - The trial ended, and the court took the matter under advisement.

9/8/2008 - Judge Patterson issued a decision finding the defendants liable for copyright infringement; judge issued permanent injunction and $6,750 in statutory damages.

12/4/08 - RDR Books dismissed its appeal and announced that it will publish a revised version of The Lexicon on on January 12, 2009.  Mr. Vander Ark substantially rewrote the book in an effort to bring it in line with Judge Patterson's decision.  J.K. Rowling's agents issued the following statement:

We are delighted that this matter is finally and favourably resolved and that J.K. Rowling's rights  -- and indeed the rights of all authors of creative works -- have been protected.  We are also pleased to hear that rather than continue to litigate, RDR have themselves decided to publish a different book prepared with reference to Judge Patterson's decision.

The Gentle Wind Project ("GWP") was a "spiritual-healing" group that produced and distributed what it characterized as "healing instruments" based on designs communicated from "the spirit world." Husband and wife, James Bergin and Judy Garvey, left the group and started a web site, "Wind of Changes," to help others make informed decisions about GWP. On their site, Bergin and Garvey recounted their experiences with GWP and described what they characterize as the group's "bizarre" belief systems and practices.

Other defendants published links to the "Winds of Change" website on their websites and exchanged information and articles with Bergin and Garvey that were critical of GWP.

GWP threatened the couple with legal action and then, in May 2004, the group and a number of its leaders filed suit against them and the other defendants in the United States District Court for the District of Maine. In January 2006, the federal court granted summary judgment for Bergin and Garvey on the plaintiffs' RICO claims and dismissed the state-law defamation claims for lack of subject-matter jurisdiction.

The GWP plaintiffs re-filed the defamation suit against Bergin and Garvey in state court in Maine. Before trial, in November 2006, the GWP plaintiffs asked for a settlement on Bergin and Garvey's terms. In the settlement agreement, the GWP plaintiffs dismissed the current suit and permanently abandoned any ability to sue Bergin and Garvey for anything the couple has written, including describing GWP as a cult, stating that the GWP "healing instruments" are "snake oil," or reporting the existence of group sexual activities, known to inner-circle members as "energy work." Under the terms of the agreement, Bergin and Garvey are expressly allowed to keep their Wind of Changes site open without any interference from GWP. Bergin and Garvey also received "an undisclosed amount" from the receiver of the GWP estate as compensation.

The federal court dismissed the action against Mr. Ross in January 2005. It also dismissed the claims against Ian Mander (from New Zealand) and refused to enter a default judgment against him. Mr. Mander was added to the settlement agreement between the GWP plaintiffs and Bergin and Garvey. Mr. Gamble and Mr. Fraser settled with the plaintiffs without payment and maintained their postings about GWP. Mr. Hassan settled with the GWP plaintiffs and removed all links to information about GWP in return for GWP removing statements made about him on its site.