POITIERS, France — Bible metal group Deathspell Omega filed a lawsuit against the Ministry of Magic (MOM) for trademark infringement Sunday afternoon.
In a strongly worded sermon delivered at the Post-Christ Church of Blackened Genesis today morning, Deathspell Omega alleged that the MOM, for an improved version of the infamous Killing Curse, has stolen their name.
“It’s ludicrous, the Ministry of Magic has no right to call their new Killing Curse ‘Deathspell Omega’,” the French group said.
“The likelihood for confusion among Muggles and Wizards is high. Just yesterday, two teenage witches walked in during our service, thinking that it was a mass exercise on how to use the improved Killing Curse!”
Under the Madrid Protocol of 1989, to which France and the UK acceded, trademarks registered in any member country automatically gains protection in other member countries, too.
But this only applied to Muggle societies.
After the tragic Second Wizarding War, which claimed multiple Muggle and Wizard lives from 1997 to 1998, diplomatic relations between Muggle and Wizarding societies have vastly opened up. And the Madrid Protocol was revised to also apply to Wizarding societies of member countries.
When contacted, a MOM spokesman said that the Ministry is aware of the lawsuit, and has hired Muggle lawyers to represent them in court.
“It is the first time we have encountered such a peculiarly Muggle problem, so it’s only natural that we have hired the relevant Muggle professionals to assist us,” said the spokesman who wished to remain anonymous.
He added that “Deathspell Omega” was suggested as the name for the improved Killing Curse — a life-extinguishing flash of light coloured blue instead of green to induce calmness before death — by a MOM marketing communications intern to give the curse a “classy” feel. The name also phonetically dissociates the curse from its previous green variant, known as “Avada Kedavra”, that was widely abused by Dark Wizards such as Voldemort during the ’90s.
Responding to queries about the morality of improving the Killing Curse, the MOM spokesman said “Deathspell Omega” is a humane tool meant to be used on death row inmates at Azkaban Prison who opt out of the Dementor’s Kiss scheme.
Deathspell Omega’s lawsuit, which is the first of its kind, has drawn attention from Muggle lawyers.
DLA Piper lawyer Parry Hotter, 30, said that the lawsuit would likely set a dangerous precedent for current tort law governing both Muggle and Wizarding societies.
“Note that ‘Deathspell Omega’ is not actually a registered trademark, but a well known mark,” said Hotter. “So under the Paris Convention for the Protection of Intellectual Property 1883, bible metal group Deathspell Omega can only appeal to the tort of passing off to argue their case. But even then, it’s debatable whether or not an underground group like them is ‘well known’ to Muggles, let alone Wizardkind.”
Hotter added, “If Deathspell Omega wins, numerous bands that sound like spells would try to sue Wizards who name spells after them by accident. And if the MOM wins, bands like Deathspell Omega whom coincidentally have dangerous spells named after them would probably get boycotted by moronic Wizards and Muggles in a hurry, or be conveniently banned by right-wing Muggle government officials.”
Echoing Hotter’s sentiment, Deathspell Omega expressed censorship worries at the end of their sermon.
“What if the Muggle governments, French or not, restrict or halt circulation of our compositions, thinking that they are audiobooks that teach people how to use the improved Killing Curse?”