IP Licensing as a Revenue Strategy: Analysing the Harry Potter Franchise Model Under Trade Mark and Copyright Law

Introduction

If you walk into any big shop in India today you will find Harry Potter Glasses inspired by Boy Who Lived. Shop a lifestyle store and you may end up picking up a Hogwarts-themed mug. The last Harry Potter novel was published in 2007. The last movie came in 2011. The story was clearly coming to an end. But Harry Potter collectibles, stationary, eyewear, plush toys and perfumes still line the shelves in 80 countries or more. New license contracts are being negotiated. New collaborations are being announced. In 2027, a new TV series will premiere.

This is not a form of auto-regressive nostalgia. It is a product of a well planned and a well thought out IP strategy - a strategy that any brand owner, creator or law practitioner in India would want to be aware of.

But, why do people still love Harry Potter? What makes a fictional universe commercially viable and commercially viable for decades after it was invented is the more instructive question. The key is in the way intellectual property had been constructed, safeguarded and used on a regular basis.

Harry Potter Is No Longer Just a Story

When J.K. Rowling published Harry Potter and the Philosopher’s Stone, she created a story. But, when Warner Bros. acquired the film rights and started to develop what became a global franchise, something else came into existence: an intellectual property portfolio.

The Harry Potter world is not just a series of books or movies today. It encompasses copyrights, registered trade marks, licensing programmes, theatrical productions, digital games, and location- based experiences. Understanding the legal architecture behind this portfolio can help to understand how any IP can be designed for long lasting commercial value.

Copyright Built the Foundation

One legal instrument had to be in place before licensing deals, brand collaborations, or theme park experiences could come into existence: copyright.

Original creative expression is automatically protected by copyright from the time it is created. In the case of the Harry Potter franchise, it means that the seven novels, eight movies, soundtracks, artwork and visual design of the movies are all legally protected pieces of work. These works may not be reproduced, distributed or commercially exploited without the authorisation of the third party.

That's what makes all commercial arrangements downstream possible. It is impossible for a licensee to make Harry Potter products without a licence, and licences only exist because the underlying works are protected. If copyright is taken out of the picture, the whole commercial system collapses. Any company could use Hogwarts logos on a t-shirt and sell it for free to Warner Bros. or J.K. Rowling.

Copyright is sometimes referred to as a ‘defensive weapon’ because it is used to stop other people copying your work. That is an accurate statement, but it doesn't do justice to its commercial importance. Copyright is the basic asset in a franchise, such as Harry Potter. It's what makes the value that trademarks magnify and licensing disseminates.

Trademarks Turned a Story into a Brand

The expression of a story is protected by copyright. It is not a commercial identifier protection for a name, symbol or phrase. That's what trademark is for.

In September 1998, Warner Bros. Entertainment filed the first trademark application for ‘Harry Potter’ with the European Union Intellectual Property Office, before the first movie came out. Warner Bros. currently owns more than 55 trademarks in the U.S. alone.

The Harry Potter trademark portfolio is much more than the name ‘Harry Potter’. It includes:

• The name ‘Hogwarts’ (which was registered as a trademark in 1999)

• Each house name (e.g. ‘Gryffindor’, ‘Ravenclaw’ )

• The symbol of the Deathly Hallows is registered under US Reg. No. 5140245

• The Hogwarts crest

• ‘Muggle’ (trademarked since 1999) is used as a character name.

• The term ‘J.K. Rowling’s Wizarding World’ is a shared trademark of J.K. Rowling and Warner Bros. Entertainment.

The distinction between copyright and trademark is important to the business, and one that is not always understood.

Copyright is a message to the world: This story cannot be reproduced. Trademark states: This name or symbol may not be used to sell products without our permission. Both protections have different legal rationales and different types of values. Copyright is about creativity and trademark is about brand identity in commerce.

It’s the trademark portfolio that turns the name Hogwarts into a business asset that can be used to sell products across hundreds of categories, from eyewear to fragrances to pet products, all of which provide royalty income for the trademark owner.

Relevant Legal Provisions

Under Trade Mark Law (India)

The licensing of registered trade marks in India is regulated by chapter VI of the Trade Marks Act, 1999. Three aspects are directly pertinent to the commercial model explored in this article.

Subject to the provisions of Section 49, any person other than the registered proprietor of a trade mark may be registered as a registered user of the trade mark in respect of any or all of the goods and services for which the trade mark is registered. Section 48(2) also makes it clear that the use of a trade mark by an authorised user of the trade mark (i.e. the licensee) shall be treated as use by the owner of the trade mark for the purposes of Section 47 (which provides protection against lapse for non-use). The Warner Bros. Discovery model of licensing is based on this provision, where each of the licensees, Lenskart, MINISO or Hasbro, is a registered or permitted user of the Harry Potter marks and its use is attributed to the proprietor.

If it is intended to register that person as a registered user, an application in writing by the registered proprietor and the proposed registered user, together, for that purpose must be made to the Registrar, and the Registrar must require an affidavit from the registered proprietor stating the extent of quality control to be applied to the permitted use. This is the legal cornerstone of trade mark licensing: it makes sure that the mark remains as a brand for the proprietor's goods and not becomes misleading as a result of unauthorised use by licensees.

Under Copyright Law (India)

Under the Copyright Act, 1957, Section 30, the voluntary licensing of copyright in India is regulated. The owner of copyright in any work or prospective owner of copyright in any future work may grant any interest in the copyright by licence in writing signed by the owner or by a duly authorised agent. A licence for a future work will only come into force when the work is created.

Section 30A extends the provisions of Section 19 (which cover the terms and conditions of assignments) to licences under Section 30 with appropriate modifications. A copyright licence agreement should define the work to which the licence applies, the rights to be granted, the territory, the duration and any royalties to be paid. From an entertainment franchise perspective, this clause is the foundation of all film licensing deals, all merchandise authorisations and all digital gaming licences stemming from the original literary works.

Under International Law – TRIPS Agreement

India is a member of the World Trade Organization (WTO) and has ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994. Article 20 of TRIPS states that special requirements shall not unjustifiably restrict the use of a trade mark in the course of trade. Under Article 21, the conditions for the licensing and assignment of trade marks may be determined by the members; compulsory licensing of trade marks shall be excluded and the owner of a registered trade mark shall have the right to license the mark either with or without the transfer of the business to which the mark belongs. Article 21 is important: it is a prohibition on compulsory licensing of trade marks, as opposed to patents, where the whole Harry Potter licensing system is based on contractual consent and not compulsory licensing.

Licensing: The Real Engine Behind the Franchise

Whereas copyright is the foundation and trademark is the brand, licensing is the value extraction mechanism at scale.

Licensing is a legal agreement whereby the holder of the intellectual property (IP) (in this case, Warner Bros. Discovery Global Consumer Products (WBDGCP)) lends the property to a third party to use in a specified manner and for a specified duration in return for a financial payment. The IP is owned by the owner. The licensee obtains commercial access. Both parties benefit.

According to Warner Bros. Discovery Global Consumer Products, it's one of the world's premier licensing and retail merchandising companies, working with 'best-in-class' licensees around the world on award-winning toy, fashion, home décor and publishing programs. This is reflected in the scope of the Harry Potter licensing programme.

Harry Potter × Lenskart: IP Licensing in the Indian Market

In August of 2024, Lenskart, an eyewear brand from India, unveiled a Harry Potter-themed eyewear line in partnership with Warner Bros. Discovery Global Consumer Products. The frames were based on the spirit of each Hogwarts house; the Deathly Hallows symbol was incised on the tips of the temple, the Hogwarts crest on the nose pads and the Hogwarts crest on the temples. It also featured round glasses that were similar to Harry Potter's! Mid-2025 saw the release of a Limited-Edition Collector's Box. Co-founder of Lenskart, Ramneek Khurana said the collection is not just about fashion, it's about bringing the magic of Harry Potter into their everyday lives.

The Lenskart partnership is a classic example of IP licensing in action in India. It allows Lenskart to access one of the world's most recognisable brands and thus create fan-driven demand for its products. Warner Bros. Discovery is able to use the IP to earn licensing revenue without producing a single pair of glasses, and they keep 100 percent ownership of the IP. It's also a marketing ploy for the franchise, in that it keeps it in the public eye and in people's minds as an attractive target in a major growth area.

Harry Potter × MINISO: Global Reach Through Mass-Market Licensing

Global lifestyle brand MINISO unveiled its Harry Potter-themed collection at a pop-up event in Langham Place, Hong Kong in October 2024, which will be available on the global market until November 2024 and into 2025.

This is a massive undertaking for a collaboration. With more than ten product categories, including pet products, bags, home décor, plush toys, fragrances, blind boxes, and stationery, MINISO was introducing more than 800 different products into the market with plans to go global in 80+ countries. The collection included Hogwarts House themes, the Golden Snitch, Hogwarts crest, and much more, including beloved characters such as Harry and Hermione.

Pop-up experiences are at the heart of MINISO's brand strategy, said Chief Marketing Officer Robin Liu. "We're always looking for new avenues to make our great IP collaborations come to life.

The MINISO partnership, from an IP perspective, is important in that it sheds light on the structure of the licensing system. MINISO has been given permission by Warner Bros. Discovery to incorporate Harry Potter trademarks and images into 800+ products in everyday consumer categories. The design, manufacturing and distribution were done by MINISO. Warner Bros. Discovery was paid licensing fees and its name was seen in thousands of stores around the world on several continents.

This is the clear commercial logic of IP licensing, and the IP owner is not the one who pays for the manufacturing or the distribution risk.

Warner Bros Entertainment Inc vs Harinder Kohli and Ors

This case has direct relevance to the Harry Potter franchise and the degree of protection of trade marks in India. The registered proprietor of the word mark "HARRY POTTER" in India under Trade Mark Nos. 1111702 (Class 9), 1111703 (Class 16), 917454 (Class 25), 917453 (Class 28) and 1246560 (Class 41) Warner Bros., filed a suit for a permanent injunction before the Delhi High Court to prevent the producers of a Hindi-Punjabi film titled "HARRY POTTER — A Comedy of Terrors" from releasing the film on the ground of trade mark infringement and passing off on the basis of phonetic and visual similarity with the mark HARRY POTTER.

In the absence of granting the interim injunction, Justice Reva Khetrapal observed that there was some similarity in the pronunciation of the two trademarks but the yardstick for assessing infringement should depend on the nature of the products and the consumers of the trademark. The court said that the Harry Potter movies are meant for an educated and discerning audience and such an audience would not be misled by a Hindi-Punjabi comedy film. The court also ruled that Warner Bros. was barred from seeking an equitable remedy because of acquiescence and delay, as it knew the name of the film and did not seek remedies in a timely fashion.

There are two aspects of this judgment that are important for the present discussion. Firstly, it establishes the fact that the HARRY POTTER mark is a registered trade mark in India in several product classes, thereby directly supporting the argument that the commercial value of the franchise is derived from a formally registered and legally enforceable trade mark portfolio. Secondly, it is a good example of the fact that a trade mark registration is not a panacea for all problems: the action taken by the proprietor is also important in determining the availability of equitable relief under Indian law.

The New Series Is Arriving, But the Monetisation Never Stopped

The new Harry Potter series, which will air on HBO in 2027, has been talked about in terms of culture - a new generation of the beloved books. Less talked about is its role in commercial catalysis.

Hasbro and Warner Bros. Discovery Global Consumer Products announced in February 2026 a new multi-year licensing agreement, under which Hasbro will be the global primary toy licensee for the Harry Potter universe, with specific focus on products that relate to the upcoming HBO series. The agreement applies to dolls, role play, action figures, collectibles, interactive plush and board games.

The franchise is right on target with Hasbro's mission to deliver a lifetime of play to generations of fans, according to Tim Kilpin, President of Toys, Games, Licensing and Entertainment at Hasbro.

Observe the timing. The TV show won't air until 2027. The licensing agreement was already in place by February 2026. This is not a coincidence - it's the way big IP licensing is done. The commercial ecosystem is developed in advance of the content, allowing product shelves to be filled during times of peak audience interest. This is a business approach more than just brand management.

Lessons for Indian Brands and Creators

IP should not be understood as just a legal shield - Many Indian businesses have a defensive understanding of IP, namely that trademark registration is to ward off the competition trying to copy your brand. That is not a wrong understanding, but it's not complete, because enforcement is important. The Harry Potter case illustrates how well-designed IP can be a commercial asset that can earn revenue from licensing without the IP owner having to produce goods, own retail stores or have inventory risk. The IP owner opens it, others operate it, and the royalties go back to the owner.

Trademarks, not logos, are what build brand identity - Hogwarts, Gryffindor and Hufflepuff are not just made-up names, but trademarked terms that Warner Bros. can use sparingly. Indian brands that have unique names, symbols or visuals may want to see if these are sufficiently safeguarded by trademark registration and if they can be the basis for licensing.

Content and commerce are not mutually exclusive - The Harry Potter franchise was set up, from the point of rights being acquired for films onward, with commercial considerations in mind. Whether in the film, digital or publishing industry, Indian content creators are now able to consider their creative product as an IP portfolio and not as a single product.

Careful legal drafting is needed for licensing arrangements - Without licensing agreements that clearly outline the extent to which the items can be used, the quality of the items, the geographical territories in which they can be sold and the royalty payments, the Lenskart and MINISO partnerships would not have been commercially viable.

Conclusion

The Harry Potter series is one of the best examples of an IP strategy to any practitioner or business owner. The franchise's cultural relevance was established by the story. It was legally established by copyright. It was commercialised by trademark. Licensing brought it to the market at scale. An incoming TV show, with pre-negotiated license deals already secured, will make sure that the franchise's commercial life will flourish well into the next decade.

Harry Potter wasn't just a commercially successful series, it was a well-crafted one. The commercial value stayed alive due to the systematic structure, active protection and constant use of the IP rights.

That is the lesson. The IP is not just what you own, it's what you do with what you own.

Author: Jyotsana Singh, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

References and Sources

Primary Sources

1. Hasbro, 'Hasbro and Warner Bros. Discovery Global Consumer Products Announce Multi-Year Partnership to Bring the "Harry Potter" Universe to Life Through Licensed Toys & Games' (Hasbro Newsroom, 10 February 2026) https://newsroom.hasbro.com/news-releases/news-release-details/hasbro-and-warner-bros-discovery-global-consumer-products accessed 22 June 2026

2. Hasbro, 'Hasbro and Warner Bros. Discovery Global Consumer Products Announce Multi-Year Partnership to Bring the "Harry Potter" Universe to Life Through Licensed Toys & Games' (BusinessWire, 10 February 2026) https://www.businesswire.com/news/home/20260210882363/en/ accessed 22 June 2026

3. MINISO, 'Magical Wonders Await: MINISO Launches 800+ Harry Potter Inspired Products Globally' (PR Newswire, 15 November 2024) https://www.prnewswire.com/news-releases/magical-wonders-await-miniso-launches-800-harry-potter-inspired-products-globally-302306942.html accessed 22 June 2026

4. MINISO, 'MINISO Drops Exclusive Harry Potter Collection – Experience the Magic at the World's First MINISO x Harry Potter Pop-Up in Hong Kong' (PR Newswire APAC, October 2024) https://www.prnewswire.com/apac/news-releases/miniso-drops-exclusive-harry-potter-collection--experience-the-magic-at-the-worlds-first-miniso-x-harry-potter-pop-up-in-hong-kong-302274534.html accessed 22 June 2026

5. Warner Bros Entertainment Inc, 'Legals' (HarryPotter.com) https://www.harrypotter.com/legals accessed 22 June 2026

6. J K Rowling, 'Legal' (JKRowling.com) https://www.jkrowling.com/legal/ accessed 22 June 2026

7. Justia Trademarks, 'HARRY POTTER Trademark of Warner Bros Entertainment Inc, Registration Number 2479341, Serial Number 75881867' (Justia, filed 22 December 1999) https://trademarks.justia.com/758/81/harry-75881867.html accessed 22 June 2026

8. Elizabeth March, 'Harry Potter and the IP Bonanza' (WIPO Magazine, September 2007) https://www.wipo.int/en/web/wipo-magazine/articles/harry-potter-and-the-ip-bonanza-35915 accessed 22 June 2026

9. Trade Marks Act 1999 (India), ss 48–49.

10. Copyright Act 1957 (India), ss 30, 30A.

11. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) 1994 (Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization), arts 20–21.

12. Warner Bros Entertainment Inc v Harinder Kohli and Ors IA No 9600/2008 in CS(OS) 1607/2008 (Delhi High Court, 22 September 2008) 155 (2008) DLT 56.