'Harry Potter'-themed Whimsic Alley and Warner Bros. settle lawsuit

Whimsic Alley, the Miracle Mile shop that sells "Harry Potter" merchandise and was sued by Warner Bros. for trademark infringement, has reached a settlement with the studio that will allow the store to remain open, owner Stanley Goldin told The Times in an email.

In March, Warner Bros., the distributor of the "Harry Potter" movies and since 1998 the owner of the bulk of the "Potter" trademarks, targeted the shop with a lawsuit filed in U.S. District Court in Los Angeles that some fans feared would force the store to close.

The studio alleged that Whimsic Alley's wares and services -- which include wizard costumes, wands and a Hogwarts-style "Great Hall" that can be rented out for parties -- infringed on the studio's "Potter" trademarks and trade dress.

PHOTOS: Life after 'Harry Potter'

Goldin said that Whimsic Alley would not shutter but instead "make some changes that I can't elaborate on because of confidentiality.

"However, I feel the changes will only strengthen us," Goldin said.

Publicly available legal filings show that the case was dismissed Nov. 21 after the parties agreed to a settlement that is subject to a permanent injunction barring Whimsic Alley from displaying any "Harry Potter" trademarks and other "confusingly similar" marks in the shop or on its website, selling unlicensed "Potter" wares, and offering "Potter"-themed services such as day camps or parties at the Great Hall.

But the settlement allows the store to continue selling licensed "Harry Potter" merchandise -- which it had long carried alongside unofficial wares that were reminiscent of clothing and other objects from the boy wizard's universe.

Goldin said the shop would "continue carrying some wizard wares that are not 'Harry Potter'-related."

RELATED: Warner Bros. sues Whimsic Alley

The studio had argued that by offering unlicensed products that competed with official "Potter" merchandise, the store was "likely to cause confusion, mistake and deception among prospective purchasers."

A trial had been set for January. In addition to seeking to stop Whimsic Alley from selling allegedly infringing goods, the studio sought unspecified monetary damages.

Warner Bros. did not immediately respond to a request seeking comment.

The studio, which released eight "Harry Potter" films that grossed more than $7.7 billion in theaters worldwide, is gearing up to launch a new movie series from "Potter" author J.K. Rowling, who will write the first installment's screenplay. The new franchise is based on a short volume from the "Potter" canon -- 2001's "Fantastic Beasts and Where to Find Them."

Goldin said in a statement that his shop received "an outpouring of support, concern and encouragement" from fans after The Times published a story about the legal case in October. He said customers who were planning "parties, weddings, bar mitzvahs and other events" at Whimsic Alley's Great Hall worried the shop would have to close its doors.

"Whimsic Alley is here to stay and will continue to be the top fandom oriented store in Los Angeles," he said.

ON LOCATION: Where the cameras roll       

The popular store is known for an interior design that features elements of the "Potter" world and sales clerks who sport costumes evocative of the film series.

Goldin said the shop will expand its scope by carrying more products associated with other fantasy and science fiction franchises, such as television shows "Game of Thrones" and "Doctor Who," Goldin said.

Goldin opened Whimsic Alley in Santa Monica in 2004, hiring a Hollywood set designer to create an interior reminiscent of a fictional London shopping district, catering to wizards, that is a key part of the "Potter" world. Goldin moved the store to its Miracle Mile location in 2010.

Goldin and Warner Bros. had another legal tussle nearly a decade ago when the studio filed a lawsuit against him that contained similar allegations to those in the March lawsuit. That 2004 case ended in a settlement in which Goldin agreed to stop using or displaying items that featured "Harry Potter" trademarks -- or other "confusingly similar" products -- in connection with the sale of merchandise, according to the studio's recent lawsuit.

"They can say, 'You did this once before, and now you are crossing the line once again,'" attorney Allen Grodsky, who specializes in intellectual property litigation and reviewed the case for The Times, said in October. "I understand why Warner Bros. is upset."

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Warner Bros. sues 'Harry Potter'-themed store Whimsic Alley

J.K. Rowling to revisit Harry Potter's world in new film series

'Harry Potter' boutique Whimsic Alley sees no uptick in 'Fantastic Beasts' sales

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'Harry Potter'-themed Whimsic Alley and Warner Bros. settle lawsuit

Whimsic Alley, the Miracle Mile shop that sells "Harry Potter" merchandise and was sued by Warner Bros. for trademark infringement, has reached a settlement with the studio that will allow the store to remain open, owner Stanley Goldin told The Times in an email.

In March, Warner Bros., the distributor of the "Harry Potter" movies and since 1998 the owner of the bulk of the "Potter" trademarks, targeted the shop with a lawsuit filed in U.S. District Court in Los Angeles that some fans feared would force the store to close.

The studio alleged that Whimsic Alley's wares and services -- which include wizard costumes, wands and a Hogwarts-style "Great Hall" that can be rented out for parties -- infringed on the studio's "Potter" trademarks and trade dress.

PHOTOS: Life after 'Harry Potter'

Goldin said that Whimsic Alley would not shutter but instead "make some changes that I can't elaborate on because of confidentiality.

"However, I feel the changes will only strengthen us," Goldin said.

Publicly available legal filings show that the case was dismissed Nov. 21 after the parties agreed to a settlement that is subject to a permanent injunction barring Whimsic Alley from displaying any "Harry Potter" trademarks and other "confusingly similar" marks in the shop or on its website, selling unlicensed "Potter" wares, and offering "Potter"-themed services such as day camps or parties at the Great Hall.

But the settlement allows the store to continue selling licensed "Harry Potter" merchandise -- which it had long carried alongside unofficial wares that were reminiscent of clothing and other objects from the boy wizard's universe.

Goldin said the shop would "continue carrying some wizard wares that are not 'Harry Potter'-related."

RELATED: Warner Bros. sues Whimsic Alley

The studio had argued that by offering unlicensed products that competed with official "Potter" merchandise, the store was "likely to cause confusion, mistake and deception among prospective purchasers."

A trial had been set for January. In addition to seeking to stop Whimsic Alley from selling allegedly infringing goods, the studio sought unspecified monetary damages.

Warner Bros. did not immediately respond to a request seeking comment.

The studio, which released eight "Harry Potter" films that grossed more than $7.7 billion in theaters worldwide, is gearing up to launch a new movie series from "Potter" author J.K. Rowling, who will write the first installment's screenplay. The new franchise is based on a short volume from the "Potter" canon -- 2001's "Fantastic Beasts and Where to Find Them."

Goldin said in a statement that his shop received "an outpouring of support, concern and encouragement" from fans after The Times published a story about the legal case in October. He said customers who were planning "parties, weddings, bar mitzvahs and other events" at Whimsic Alley's Great Hall worried the shop would have to close its doors.

"Whimsic Alley is here to stay and will continue to be the top fandom oriented store in Los Angeles," he said.

ON LOCATION: Where the cameras roll       

The popular store is known for an interior design that features elements of the "Potter" world and sales clerks who sport costumes evocative of the film series.

Goldin said the shop will expand its scope by carrying more products associated with other fantasy and science fiction franchises, such as television shows "Game of Thrones" and "Doctor Who," Goldin said.

Goldin opened Whimsic Alley in Santa Monica in 2004, hiring a Hollywood set designer to create an interior reminiscent of a fictional London shopping district, catering to wizards, that is a key part of the "Potter" world. Goldin moved the store to its Miracle Mile location in 2010.

Goldin and Warner Bros. had another legal tussle nearly a decade ago when the studio filed a lawsuit against him that contained similar allegations to those in the March lawsuit. That 2004 case ended in a settlement in which Goldin agreed to stop using or displaying items that featured "Harry Potter" trademarks -- or other "confusingly similar" products -- in connection with the sale of merchandise, according to the studio's recent lawsuit.

"They can say, 'You did this once before, and now you are crossing the line once again,'" attorney Allen Grodsky, who specializes in intellectual property litigation and reviewed the case for The Times, said in October. "I understand why Warner Bros. is upset."

ALSO:

Warner Bros. sues 'Harry Potter'-themed store Whimsic Alley

J.K. Rowling to revisit Harry Potter's world in new film series

'Harry Potter' boutique Whimsic Alley sees no uptick in 'Fantastic Beasts' sales

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Judge OKs Detroit bankruptcy filing but questions selling DIA art

The bad news for the Detroit Institute of Arts is that a bankruptcy judge has authorized the city, which owns the museum, to declare bankruptcy, giving creditors a legal forum for insisting that the most valuable masterpieces from the DIA's admired collection be sold to help pay the city's debts.

The good news is that, in clearing the way Tuesday for a Chapter 9 bankruptcy filing, the judge made a point of questioning whether it makes any sense to sell the art.

Noting the proposal that the DIA's walls be stripped of their most admired paintings to help pay off $18 billion in municipal debt, U.S. Bankruptcy Judge Steven Rhodes suggested that the point of a bankruptcy proceeding is not to liquidate assets needed to sustain a city or organization that's trying to reorganize its finances, but to give it a new lease on economic life.

ART: Can you guess the high price?

"When the expenses of an enterprise exceed its revenue, a one-time infusion of cash, whether from an asset sale or borrowing, only delays inevitable financial failure unless the enterprise reduces expenses or enhances income," Rhodes said, according to the Detroit News.

In other words, after you've sold off the odd Rembrandt or Van Gogh, have you really done anything to give your city a fighting chance at a stable and dignified future?

Kevyn Orr, the emergency manager appointed by Michigan's governor to oversee Detroit's finances, nevertheless said that he still considers all city assets, including the DIA's art, to be potential chips in the bankruptcy. "I don't want to take it off the table," he said

Orr said he'll continue with an appraisal of the collection, saying that its initial phase, covering 496 works, has come up with an estimated value of less than $2 billion -- "much smaller than people thought." Orr said the Christie's auction house is being paid $200,000 for the appraisal.

PHOTOS: Arts and culture in pictures by The Times

At the moment, the Detroit mess pits the museum, which has vowed to take legal action if necessary to defend its art, against city creditors who include current and former municipal workers, who fear seeing their pensions shaved in bankruptcy proceedings.

Also in the mix are the area's voters, who in 2012 approved a special 10-year property tax increase intended to generate $23 million a year for the DIA to make it financially secure. Officials in Oakland County have made it clear that selling art to satisfy the city's debts will violate the terms of the tax vote, ending its participation in financing the museum.

"Oakland County and the entire region have a vested interest in protecting our art," County Treasurer Andy Meisner told the Detroit News. "Judge Rhodes' statement is a clear indication that the sale of this world-class art collection has no long-term financial benefit for the city."

ALSO:

Sellling Detroit museum art to pay civic debt is dumb

Detroit's creditors press city to sell artworks in its museum

Detroit debates if museum's art can be sold to pay off city debts

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New home sales surge in October

New home sales rose 25.4% in October. (Chris O'Meara / Associated Press)

By Andrew Khouri

December 4, 2013, 8:02 a.m.

New home sales shot up in October, evidence that buyers nationwide may be absorbing higher mortgage interest rates.

Comments are filtered for language and registration is required. The Times makes no guarantee of comments' factual accuracy. Readers may report inappropriate comments by clicking the Report Abuse link next to a comment. Here are the full legal terms you agree to by using this comment form.

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U.S. exports hit monthly record, trade deficit falls in October

WASHINGTON — The U.S. trade outlook is looking better and better, thanks to improving global demand and growing American production of petroleum.

The Commerce Department said Wednesday that the U.S. trade deficit totaled $40.6 billion in October — down from an upwardly revised $43 billion in September.

U.S. exports of goods and services reached a monthly record high of $192.7 billion, up 18% from September on a seasonally adjusted basis. American imports, meanwhile, rose a more modest 4.5% in October, to $233.3 billion.

That resulting narrowing of the deficit suggests that the world economy may be gaining some momentum. U.S. shipments to Europe and China rose significantly over the month. Exports to Japan, however, were little changed, even as imports increased. (The goods trade data by countries are not seasonally adjusted.)

On the whole, the encouraging exports data for October come on the heels of a report earlier this week showing American factory managers in November reporting more orders and stronger demand from overseas.  

The Commerce Department report for October indicated that U.S. exports of most major product categories were up from the previous month, including consumer goods (notably diamonds and jewelry), capital equipment and machines, and food staples such as soybeans and corn.

But more than anything else, it was petroleum products that fueled the surge the exports.

On an inflation-adjusted basis, U.S. oil exports surged 11% in October from the previous month, on a seasonally adjusted basis, to $7.7 billion. By comparison, American imports of petroleum increased by just 1.5% over the month, to $18.2 billion.

The improving trade picture bodes well for American manufacturers, and, if the trend continues, it will give a boost to U.S. economic growth in the fourth quarter, which is looking very weak. As it stands now, most economists expect the nation's gross domestic product, or total economic output, to show an expansion of less than 2% in the quarter. 

Previously the government reported that third-quarter GDP advanced at an annual rate of 2.8%. That is expected to be revised slightly higher on Thursday when the Commerce Department issues its second estimate of the quarter's GDP figures.

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Paul Walker's death puts hold on 'Fast and Furious 7' shooting

"Fast and Furious 7" on Monday began what could be an extended hiatus in the aftermath of the death of actor Paul Walker.

The Universal Pictures film was set to resume shooting in Atlanta after a holiday break — with Walker slated to appear in key scenes throughout the week — but the cameras stayed down.

It is unknown when shooting will resume as filmmakers consider how to adjust the storyline.

PHOTOS: Paul Walker, 1973 - 2013

Director James Wan, lead producer Neal Moritz and Universal executives have been convening to figure out how to recalibrate the movie without Walker, who shot only some of his scenes as ex-cop Brian O'Conner before he was killed in a car accident Saturday in Valencia. 

"Fast" veteran Chris Morgan wrote the script, which centers on rival racing crews; it is not yet clear whether he will be brought back to rework the movie's plot. No shooting was expected for Tuesday.

If it becomes protracted, the production delay could lead to a postponement of the film's July 11 release date. The movie is an anchor of Universal's summer schedule. 

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A Universal spokeswoman declined to comment on any delay or future plans.

Walker, who was 40 at the time of his death, had been a key part of the "Fast" franchise, starring in all but one of the global franchise's series.

Meanwhile, the director of Walker's previously shot "Hours" — in which the actor plays a man who must save his infant daughter during Hurricane Katrina — said he is pleased the film's release schedule will move forward as planned on Dec. 13. 

VIDEO: Five memorable 'Fast & Furious' scenes featuring Paul Walker

"Paul was so anxious to get the movie out into the world so that everyone could see what he'd done," said Eric Heisserer, who also served as screenwriter on the $4-million production.

Heisserer, who spent the last month promoting the movie alongside Walker, told The Times that he has yet to discuss any shift in marketing plans with distributor Pantelion Films.

But the filmmaker said that the tragedy has caused a change in mind set.

"I'm sure we'll have to be very mindful — going over things four or five times making sure we are honoring him properly," he said. "You don't want to be insensitive."

steve.zeitchik@latimes.com

amy.kaufman@latimes.com 

   

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Review: TV Land's 'Kirstie' recycles sitcom stars and jokes

With a show called "Kirstie," it would be easy to dwell on TV Land's "Pet Sematary"-like attempt to resurrect the career of sitcom star Kirstie Alley, not to mention Rhea Perlman and Michael Richards. But here is what matters about the new half-hour comedy: It revolves around a Broadway diva.

A Broadway diva! As in a woman who has made a career starring in hit Broadway plays, a feat that was becoming rare even when Bette Davis played Margo Channing. Who is this Madison "Maddie" Banks that Alley is playing? Patti Lupone? Bernadette Peters? Maybe, but those women also sing, make movies and write children's books. (Lupone is currently starring in FX's "American Horror Story: Coven.")

If the thought of Alley playing a pillar of the American theater isn't jarring enough, it gets better. Maddie is suddenly reunited with Arlo (Eric Petersen), the son she gave up for adoption. After a few requisite scenes of selfish denial, she invites him to move in with her, rounding out a household that also includes trusty assistant Thelma (Perlman) and wacky driver Frank (Richards).

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And why not? Career-driven narcissists have been taught to love by the unexpected appearance of children ever since Brian Keith turned into Uncle Bill on "Family Affair." Except that Arlo is 26, which in today's slacker-slingshot math is apparently the new 15.

So something old, something new, many things borrowed, the audience, blue. Blue because buried deep within the general TV Land-meets-Kirstie-Alleyness of it all is a show that could have been satiric and smart. It could have been a time-warped clash of cultures in which the nature of big dreams is explored by the generation that moved to the Big City to attain them and the one that relies more on YouTube and "X Factor."

Instead, "Kirstie," premiering Wednesday, goes for the worst of both worlds, arraying itself in the worn-thin comfort of predictable humor and sloppy sentiment in the vain hope that it comes off as retro, or quaint or something.

FALL TV 2013: Watch the trailers

Frankly, it is baffling why creator Marco Pennette bothered making Maddie a Broadway star (except, perhaps, that "actress" has become synonymous with a selfish mess). Despite a career that could be characterized as unsinkable, Alley does not project the presence of a woman who has spent her adult life performing on the stage.

Indeed, she cannot seem to progress past characters defined by adolescent insecurity and sweet-natured self-centeredness, both of which result in broad jokes about her tendency to overindulge in just about everything. There are no Elaine Stritchian one-liners to be had in "Kirstie," no insider gossip or name-dropping. Maddie could just as easily be an infomercial queen.

PHOTOS: Celebrities by The Times

Perlman and Richards are certainly capable of taking "Kirstie" into the outer reaches of dark humor, but Perlman's character, Thelma, vacillates between indulgent sarcasm and platitude delivery, while Richards' twitches and blurts lines that seem lifted from an earlier, more promising draft.

Arlo meanwhile is nothing more than a blank space. He's a man-boy who, having just lost the mother that lovingly raised him, turns to the one who bore him — an underlying message about adoption that is more than a little troublesome.

But then, as we learned in "Pet Sematary," when those we love come back, it isn't always a good thing.

mary.mcnamara@latimes.com

-------------------------------

'Kirstie'

Where: TV Land

When: 10 p.m. Wednesday

Rating: TV-PG-D (may be unsuitable for young children with an advisory for suggestive dialogue)

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Biden on delicate diplomacy mission after tension with China

BEIJING — How to reassure Japan and South Korea that the United States will stand behind them, without inflaming the Chinese?

That is the mission that stands before Vice President Joe Biden as he arrives in the region with a potential crisis developing over China's designation of a large swath of the East China Sea as an air defense identification zone.

The trip, which was supposed to advance economic ties in the region, has been waylaid by China's Nov. 23 declaration of an air defense zone over waters controlled by Japan and South Korea.

[Updated 6:53 a.m. PST Dec. 3: "This action has raised regional tensions and increased the risk of accidents and miscalculation," said Biden on Tuesday in Tokyo, the first stop on his week-long Asia tour. At a joint press conference with Japanese Prime Minister Shinzo Abe, he called for "crisis management mechanisms and effective channels of communication between China and Japan to reduce the risk of escalation."

Chinese officials, meanwhile, expressed hopes that they could move beyond the air defense identification zone to deal with other issues. "Both countries should cement trust, efficiently control differences and facilitate new progress of our relations," said foreign ministry spokesman Hong Lei at a briefing on Tuesday.]

"The timing couldn't be worse," said Ralph Cossa, a retired Air Force colonel and president of the Pacific Forum CSIS in Honolulu. "The frustrating thing I'm sure for Biden and company is that they spent a lot of time preparing and the announcement of the air defense identification zone has completely recast the trip."

The United States has rejected China's demand that it submit advance flight plans and maintain radio contact before flying over the restricted waters. That defiance was underscored by the flights last week of two American B-52 bombers through the zone. Japanese and South Korean planes have since flown through as well without advance notice.

In the first stop of the weeklong tour, Biden touched down in Tokyo to meet with Japanese Prime Minister Shinzo Abe, a hard-liner. The hope was to coordinate the Japanese and U.S. responses, which have appeared at cross-purposes as a result of the U.S. decision that passenger airlines should comply with the Chinese request for advance notification. On orders of the Japanese government, major commercial air carriers Japan Airlines and All Nippon Air have refused.

The visit also served as something of a coming-out party for the United States' famous new envoy to Tokyo, Caroline Kennedy, who took up her post just last month.

Biden was due to arrive Wednesday morning, local time, in Beijing, where his reception may be less congenial. Although Biden personally is said to have a good relationship with Chinese President Xi Jinping, until earlier this year vice president, the Chinese leadership appears furious at the U.S. reaction to the air defense zone.

The display of U.S. power in the Pacific with the flight of the B-52s surprised and angered the Chinese. They have accused Japan and the U.S. of overreacting. Roughly 20 countries have air defense identification zones, but unlike China, the others do not include territory controlled by other nations. The disputed flyspeck islands, known as the Senkaku to the Japanese and Diaoyu to the Chinese, which have been controlled by Japan since the late 19th century, lie in the center of the new air zone.

"So many other countries set up air defense zones decades ago. Our problem is we are doing it too late. Everybody is afraid that China is becoming too strong too fast," complained Xu Guangyu, a retired Chinese military officer and a consultant with the China Arms Control and Disarmament Assn.

At a regular briefing on Monday, Chinese foreign ministry spokesman Hong Lei said China is trying to diffuse tension over the new zone.

"China has communicated with related countries … and urges them to understand China's legitimate security concerns and right to self-defense," said Hong.

U.S. officials are urging the Chinese to rescind the designation of the zone, a step that seems unlikely.

"We consider it a unilateral effort to change the status quo in the East China Sea. It's a provocative action, an uncoordinated action at a time tensions already are running high, and that this is not the kind of thing that contributes to the greater peace and security in northeast Asia," a senior administration official said on Monday while briefing reporters on the way to Japan.

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Twitter: @BarbaraDemick

barbara.demick@latimes.com

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Britney Spears' 'autobiographical' album on auto-pilot

Like Wile E. Coyote realizing too late that he's walked off a cliff and is standing on thin air, "Britney Jean," the new studio album from Britney Spears, is marked with so many sleights of hand, dubious lyrics and bombastic but boringly simple melodies that the too-rare levitation of its better moments seems an animation trick.

Item one: "It Should Be Easy," a song that practically wallows in its own failure. Featuring a cameo by the album's executive producer, will.i.am, the track casts doubt on his utility, as evidenced by these lazy lines: "Love, it should be easy / It shouldn't be complicated / It should be easy." Deep insight, indeed, augmented with the rocky syllabic mess in the chorus' kicker: "I don't know how or where else to say it." Here's an idea: Rather than surrender and admit you don't know how to say it, follow the advice in "Work Bitch" and "work hard, like it's your profession."

Such potholes dot "Britney Jean," which the 32-year-old Spears has described as her most personal and open album yet. The singer co-wrote many of the songs, which traces the ups and downs of a life spent in and out of love.

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But if this is Britney in revelation mode, there's very little beneath the album's many cliches to suggest insight, let alone the unfiltered honesty of autobiography. Much of "Britney Jean" devolves into an abyss of electro-neutral bangers produced by the reigning kings of danceable obviousness, Will.i.am and David Guetta.

"Passenger" features Spears' voice so digitally overworked that she doesn't sound like herself, her recognizable tone infused with some weird nasality that unintentionally suggests an android Betty Boop. Elsewhere, in "Perfume," her perfectly manipulated pitch sings, "I'm going to mark my territory," an unfortunate choice of words given the metaphor's less flattering origins in the animal world.

"Body Ache" lazily pairs sex and sweaty dancing with fifth-grader rhymes: "I know you feel my fire/Draw you into my flame/Tonight we take it higher/What I got ain't no game." "Til It's Gone" is so unspecific as to be laughable. "I'm blind from the tears that fall like rain," she sings, unconcerned or unaware that this leaden simile contradicts the notion that real emotional energy was expelled in writing words so seemingly "personal."

PHOTOS: Miley Cyrus before and after Disney

It all adds up to a drag, considering the shimmering promise of the first track, "Alien." Filled with cool UFO sounds and vast-as-the-cosmos echo, the song introduces our heroine by acknowledging self-obsession in her past through a voice so coated in electronic effects that it's rendered nearly pixilated.

Produced by the effervescent electronic stylist William Orbit, best known for his work with Madonna (most notably on "Ray of Light"), that first song bumps with catchy rhythm. The only track on the album to feature Orbit's production, it introduces a confident Spears doing what she does best: inhabiting a seductive, if shallow, space within perfectly imagined, seamlessly constructed electronic pop songs.

Unfortunately, "Alien" is the outlier on "Britney Jean." The bedroom-personal "Tik Tik Boom," an otherwise killer instrumental track that features rapper T.I., frantic snares and a crawling dubby rhythm, is mired in silly lyrics about dynamite and exploding sex. That leaves us with a lot of bloat, programmed with half-hearted tropes of the dance floor, pumped out as a sonic commodity.

"You'll never know what you've got 'til it's gone," she repeats on "'Til It's Gone," which finds the singer seemingly running on fumes lyrically with few interesting ideas to communicate. Whatever unique skills Spears once had — what were they again, anyway? — "Britney Jean" suggests she better prepare herself for the reality that she's losing them fast.

Britney Spears

"Britney Jean"

(RCA Records)

One and a half stars out of four

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Stocks slip on Fed, US consumer worries

Stocks were slightly lower in early trading Tuesday as investors continued to worry about the Federal Reserve winding down its economic stimulus program and weak consumer spending in the U.S. 

The Dow Jones industrial average lost 43 points, or 0.3 percent, to 15,966 in the first 30 minutes of trading. The Standard & Poor's 500 index lost 3 points, or 0.1 percent, to 1,799 and the Nasdaq composite was flat at 4,045. 

Stocks that depend heavily on consumer spending had some of the biggest losses in early trading. GameStop, the video game retailer, sank $1.83, or 4 percent, to $45.12, the worst decline in the S&P 500 index. 

If the market closes lower, it would be the first three-day losing streak in two months. 

Investors are waiting for several economic reports later this week that could influence whether the Fed will pare back its $85 billion-a-month bond-buying program, which is designed to keep interest rates low and stimulate the economy. 

On Friday, the government will release its monthly job market survey, one of the most closely watched indicators of the U.S. economy. Economists expect that employers created 180,000 jobs last month while the unemployment rate remained steady at 7.2 percent, according to FactSet, a financial information provider. 

On Thursday investors will have other important economic news to consider, an updated report on U.S. economic growth. Economists expect the economy expanded at a 3.2 percent annual rate last quarter. 

A key worry for investors these days is how willing U.S. consumers are to spend, especially with the holiday shopping season getting underway. 

The National Retail Federation said Monday that a record number of consumers went shopping over the four-day Thanksgiving weekend. However, the average amount spent by each shopper fell compared with the same period last year, the first decline since the trade group began tracking the figures in 2006. 

In company news: 

Yum Brands fell $2.04, or 3 percent, to $75.65. The owner of KFC and Taco Bell said sales in China, a key market for the company, have been sluggish lately on concerns about food safety. 

Abercrombie & Fitch rose $1.22, or 4 percent, to $35.25. The stock of the teen clothing store owner rose after an activist shareholder, Engaged Capital, sent a letter to the company calling for the replacement of Chief Executive Officer Michael Jeffries, citing underperformance. 

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