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You are mistaking one of the core tenants of Trademark law (you must protect your mark every time or risk loosing it) versus copyright law, which has no such "mandatory defense" argument.
My thoughts on Warner Brothers actions are this: They are overreaching, not legally but culturally. Yes, she is probably using WB copyrighted material in her party (that she will be profiting off of), to that I say "So What!" As a marketing issue, a party like this is much more effective in creating and maintaining fan interest than in corporate sponsored events. They should be happy that people like her are keeping Harry Potter popular prior to the distribution of the last two movies. It's doubly important to do that now that the last book is out and anyone who is interested can find out how the whole thing ends. If she profits off of it a little, who cares.
I believe that content creators should have intellectual property protection for a limited time so that they can profit from their work and continuing making more, but I think the field has tilted to far in giving the IP owners too many rights at the expense of the free expression of our culture.