Well we see the first problem. Whether or not Harry Potter is a "trademark" rests entirely on whether or not it's registered. Unlike copyright law (currently in the US) you cannot infringe a trademark unless it's registered. Copyrights however do not require any sort of registration.

Also under trademark law, there has to be *evidence* of *actual confusion* between one product and another. You can only infringe if some member of the public would confuse Wikia's site with an actual official Harry Potter product.

In a message dated 9/21/2008 12:20:34 P.M. Pacific Daylight Time, wikimail@inbox.org writes:

In my opinion: "Harry Potter" is a trademark. In fact, it's probably a famous trademark

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