James Bond name in trouble: Trademark dispute threatens 007 franchise
What's the story
The James Bond franchise, worth billions of pounds, is locked in a legal battle to keep hold of the super spy's name.
A Dubai-based property developer, Josef Kleindienst, has challenged their trademark registrations in the UK and Europe.
Kleindienst contends that the copyright owners are not commercially exploiting the trademark across different platforms for various goods and services, leading him to file several "cancelation actions based on non-use" against the James Bond name.
Legal details
Trademark law and the challenge to James Bond's name
According to UK and EU regulations, a trademarked name can be challenged to revoke ownership if it hasn't been commercially exploited for at least five years.
Mark Caddle, a representative from Withers & Rogers, a European intellectual property firm, confirmed that Kleindienst is challenging several UK and EU trademark registrations for James Bond.
This is happening because despite having a trademark, for years, the James Bond name was not utilized for all the goods and services covered.
Trademark challenge
Multiple versions of James Bond's name under threat
As per The Guardian, the challenge aims at several iterations of the super spy's moniker, including James Bond Special Agent 007, James Bond 007, James Bond: World of Espionage, and the iconic "Bond, James Bond" phrase.
The argument revolves around the non-use of the James Bond name in various "classes" of goods and services such as "models of vehicles," "computer programs and electronic comic books," "electronic publishing," and design-related applications like restaurants, cocktail lounge services, and accommodation.
Legal proceedings
Kleindienst's intentions and the defense of James Bond trademarks
Kleindienst, also the founder of the Kleindienst Group (the UAE's largest European property developer), has stated that he will use the Bond name if he succeeds in his challenge.
The EU cancelation actions were filed on January 27, with no date mentioned for the UK filings. The cases are marked as "awaiting defense."
The trademarks associated with James Bond are registered to US-based companies Danjaq and Eon, who control traditional James Bond merchandising rights worldwide.
Franchise defense
Danjaq-Eon need to prove they have used the name commercially
Danjaq, which also holds joint ownership of the copyright for the existing James Bond films with MGM Studios (acquired by Amazon for $8.5bn in 2021), has two months from the filing date to submit their defense.
Caddle stated, "If Danjaq want to keep these alive they will need to engage in a trademark office action to show that they have used James Bond in the areas being challenged in the last five years."