Austrian businessman challenges James Bond trademark rights

The name James Bond has been a legacy on and off-screen for more than seven decades. The secret agent character, created by Ian Fleming and portrayed by several actors continues to be a leading role in Hollywood's history. Its fame and popularity has led to the moniker being a trademark of sophistication, espionage, and action-packed storytelling. A trademark that Austrian businessman Josef Kleindienst is now looking to buy.

Josef Kleindienst, who is constructing a $6 billion compound on six artificial islands in Dubai, filed a "number of cancellation actions" on January 27. He cited EU law, which stipulates that a challenge to revoke ownership may be made if a trademarked name is not used commercially for at least five years.

The suit is based on two different versions of 007's name: "James Bond Special Agent 007" and "James Bond 007." According to The Guardian, Kleindienst's construction company affirms that, should the businessman win in his case, he intends to use the Bond name to his own advantage.

Officially, the James Bond trademarks are registered to Danjaq, a US-based business that, along with Eon, owns the rights to classic James Bond merchandise worldwide.

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Legal aspects of the James Bond case

According to UK and EU law, a challenge to strip ownership of a name can be filed if it is trademarked in specific areas but the owner does not use it for commercial purposes in these areas for at least five years.

Mark Caddle, a partner and patent attorney at European intellectual property firm Withers & Rogers, spoke about the case and said,

“He [Josef Kleindienst] is challenging a number of UK and European Union trademark registrations for James Bond. The basis of the European Union filings is that James Bond has not been used for the goods and services it protects, and that is likely to be the same basis of the filings in the UK.”

Kleindienst is trying to prove that over the last five years, the James Bond name has not been used across the specific areas it was registered for. These include "car models," "computer programs and electronic comic books," "electronic publishing," and design, which includes applications like dining establishments, cocktail lounges, and lodging. Caddle further added,

“Following the date of the filing of the cancellations Danjaq has two months to submit their defense. 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.”

Further details on the lawsuit are awaited for now.