Austrian business tycoon Josef Kleindienst is challenging the owners of the multibillion-pound James Bond franchise over a number of copyrights he claims should be cancelled
James Bond is facing his biggest international opponent yet – a Dubai-based property developer who wants to strip him of his name.
It comes after Bond icon Daniel Craig admitted one of the movies should not have been produced. Meanwhile, research revealed who the most beautiful Bond girl was based on the golden ratio.
Now, the owners of the multibillion-pound 007 franchise are caught in a fight with Austrian business tycoon Josef Kleindienst, who is challenging their copyright over the super-spy’s name. He’s filed claims in the UK and Europe stating bosses of the James Bond empire aren’t using his world famous moniker across a range of goods and services.
Mr Kleindienst is currently building a £4billion luxury resort complex called the Heart of Europe on six man-made islands off the coast of Dubai. He has sparked panic among Bond bosses as he’s filed a slew of “cancellation actions based on non-use” around the James Bond name.
Under UK and EU law, if the owner of a name trademarked against certain goods and services does not commercially exploit it in those areas for at least five years, a legal challenge can be mounted to revoke ownership of the name.
Mark Caddle, a partner and patent attorney at European intellectual property firm Withers & Rogers, warned about Mr Kleindienst’s move: “He 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.”
Bond’s name is protected under a huge range of versions – including James Bond Special Agent 007, James Bond 007, James Bond and James Bond: World of Espionage. Even the spy’s famous “Bond, James Bond” saying is trademarked.
But Mr Kleindienst claims none of his names have been used in relation to goods and services including “models of vehicles”, “computer programmes and electronic comic books” and “electronic publishing” and design. The areas include use of the Bond name in restaurants, cocktail lounge services and accommodation.
The Kleindienst Group claims to be the biggest European property developer in the United Arab Emirates. A spokesperson for Mr Kleindienst confirmed the businessman has plans to utilise the Bond name if he wins his challenge, and declared an “announcement is coming soon”.
The James Bond trademarks are officially registered to US-based company Danjaq. It controls the rights to worldwide traditional James Bond merchandising in conjunction with Eon.
Eon is the UK-based production company responsible for turning writer Ian Fleming’s James Bond books into one of the most successful film franchises in history. It’s run by producers Barbara Broccoli and Michael G Wilson, known to be fiercely protective of the intellectual property rights linked with 007.
Mr Kleindienst’s lawyer says Danjaq has until the end of March to respond to the copyright claim. If the property titan wins it could see him plaster Bond’s name across everything from restaurants to comics. His case is listed as “awaiting defence”.
It comes as the saga drags on over who will replace Daniel Craig as the next 007, three years after the actor’s final appearance on screen as Bond.
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By staronline@reachplc.com (Aaron Tinney)
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