Harry Potter and "Butterbeer" in Canada

A small Alberta microbrewery has unexpectedly landed in a trademark dispute with Warner Bros. over “Butterbeer,” the fictional drink made famous by the Harry Potter franchise.

Hub Town Brewing, based in Okotoks, Canada, began selling a non-alcoholic “Butterbeer Soda” in 2019 as a kid-friendly option in its taproom. The drink proved popular and eventually expanded into canned sales across Alberta and into neighboring provinces. Before launching, the owners say they searched the Canadian trademark register and found no existing registration for the name.

Warner Bros., however, already holds trademark rights to “butter beer” in several countries, including the United States, Japan, and the United Kingdom — but not in Canada. In 2024, the studio applied to register the mark there. When the application was published in late 2025, Hub Town filed a formal opposition.

The brewery’s position rests on two main points. First, it claims it was using the name commercially in Canada years before Warner Bros. applied. Second, it argues that “butter beer” is an older, commonly used term that predates Harry Potter and should not be locked up by a single rights holder.

The matter is still unfolding and it is unfolding under Canadian trademark law, not U.S. law, but the lesson travels well: famous franchises don’t automatically own every term they popularize, and generic or long-used words can be hard to lock up.

Story here: https://calgaryherald.com/news/okotoks-brewery-copyright-battle-with-hollywood-studio