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Stouffer did not register a trademark for "muggles." However, Stouffer sued Rowling for trademark infringement because she used the term "muggles" in her books to describe humans who were not witches or wizards. Who wins? Why? How would a court analyze the issues presented?
Stouffer is suing Rowling for trademark infringement due to use of the word "muggles" used in the Harry Potter collection of books. Rowling owns all trademarks associated with the books however the word "muggles" was previously used by Stouffer in a non published short book. The case will be decided based on the federal statute that regulates the use of trademarks known as the Lanham Act...
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