As the race to be the next James Bond heats up, the superspy is still facing another threat to his existence beyond that of even Blofeld’s most power-driven plots. Austrian entrepreneur Josef Kleindienst wants to exploit several European trademarks tied to the world-famous spy, such as the classic line, “Bond, James Bond,” and even the James Bond and 007 names. How is this possible? It all centers on the fact that he claims the trademarks have “not been commercially used in five years.” This has led Kleindienst—best known for constructing the $5 billion “Heart of Europe” resort on artificial islands off Dubai— to file non-use challenges because he believes the property is not being “exploited” for profit as it should be.
Lawyers for Danjaq, the Los Angeles–based entity that controls worldwide merchandising rights with UK production partner Eon, have not taken long to respond to these filings, calling them an “unprecedented assault” against the James Bond franchise. In a statement on the matter (via The Guardian):
“James Bond is a trademark of the highest reputation in the EU,” said Rudolf Böckenholt of European law firm, Boehmert & Boehmert. “The trademarks are also licensed for numerous consumer products and merchandise products, ranging from very luxurious products to everyday products, as well as further services. These goods and the corresponding services are covered by a number of trademarks that have been challenged and attacked by the claimant Josef Kleindienst in an unprecedented assault.”
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Obviously, the Bond name still appears on a wide range of licensed goods, from luxury watches to everyday consumer items. Its lawyers contend that Kleindienst’s strategy constitutes an abuse of process designed to hijack the Bond reputation which has been built over the last six decades on screen and in Ian Flemming’s novels before that. The idea that the Bond brand has been “dormant” is almost as ludicrous as that of someone attempting to strong-arm their way into one of the most recognizable IPs in the world.
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The timing of these claims is certainly not ideal with the Bond franchise undergoing many changes right now. There has been no noticeable progress on the next film in the franchise since Daniel Craig’s No Time to Die in 2021. Amazon, which paid $8.5 billion for MGM in 2021, reportedly spent a hefty sum to acquire full creative control of the James Bond franchise from longtime guardians Barbara Broccoli and Michael G. Wilson. In March, Amazon confirmed Amy Pascal and David Heyman would oversee the forthcoming installment, but no leading man or release date has been named despite weekly new favorites emerging.
In the middle of the uncertainty around what the Bond franchise will look like in the future, Danjaq must now defend its trademark and prevent it falling into the wrong hands – from Amazon’s point of view, anyway. In the end, one thing that Amazon does not want is to find itself being held to ransom to use some of the most iconic names and phrases from the Bond franchise in their upcoming movie and TV plans. Whether Kleindienst’s gambit succeeds or not, the dispute highlights the way some of the world’s biggest IPs are constantly under threat from real-life super-villains just looking to make quick bucks off a famous franchise.
Source: The Guardian
You can view the original article HERE.
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