He’s gone up against nefarious and shadowy organisations, as well as cat-stroking megalomaniacs with plans for world domination. However, the world’s most famous secret agent may have met his match with an Austrian property developer by the name of Josef Kleindienst.
Indeed, the founder of the Kleindienst Group is challenging trademark registrations relating to the James Bond franchise, including ‘007’ and the iconic expression “Bond, James Bond”.
Not even Blofeld would stoop so low...
The property tycoon, who is building a $5bn luxury resort complex called the Heart of Europe on six artificial islands off Dubai, has filed claims in the UK and Europe to take control of the James Bond name, arguing that the trademarks have been commercially underexploited.
For Kleindienst, the “non-use” means that various protections around James Bond's intellectual property have expired.
To be fair, what does one expect from a man whose name literally translates as "small service"?
Under UK and European law, if a trademark is not commercially exploited for five years in the categories for which it is registered, it may be subject to revocation proceedings.
James Bond owners Danjaq, the US company that controls the rights to sell James Bond merchandise worldwide in conjunction with UK production company Eon, say the legal battle launched by the property developer to get his hands on the James Bond trademarks is “an unprecedented assault on the franchise,” reports The Guardian.
Lawyers representing Danjaq are gathering evidence to prove that the trademarks are still being commercialised, arguing that Kleindienst’s “non-use” challenges represent "abuse of process”.
And a lot is at stake...
“James Bond is a trademark of the highest reputation in the EU,” said Rudolf Böckenholt at Boehmert & Boehmert, one of the largest intellectual property law firms in Europe, representing Danjaq. “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.”
The context makes this “assault” delicate in the extreme.
The last Bond film was in 2021 with Daniel Craig’s swansong as 007 in No Time To Die.
Since then, the franchise was acquired by Amazon for $8.5bn, with more than $1bn spent to get full “creative control” of the series from longtime 007 stewards Barbara Broccoli and Michael G Wilson.
While Amy Pascal and David Heyman have been announced as the producers of the next Bond film, no release date, director or lead actor has been confirmed.
We reported last year that one candidate may have the edge over countless others and last month, an unlikely source may have confirmed it and let the vodka martini-swigging cat out of the bag. Still, no official announcement as to the identity of the new 007.
The period of inactivity also means that the franchise is on track to beat the longest ever recorded gap between two instalments: six years and four months. Something of a godsend for any Blofelds-in-the-making wishing to argue that the brand has been “commercially unexploited”.
So, as fans wait for James Bond to finally return to the big screen, the superspy’s greatest battle is shaping up to be a legal one.
