Josef Kleindienst, an Austrian businessman, has initiated a legal challenge against the trademarks associated with the iconic James Bond franchise in Europe. This tactical maneuver has raised the ire of the franchise’s keepers, Danjaq, the US-based company that controls James Bond licensing. Either way, both sides are preparing for months if not years of court action. The lawsuit focuses on the ownership to one of Hollywood’s most celebrated character rights.
Kleindienst’s challenge is narrowly focused on just nine trademarks. These trademarks cover the assets for merchandising goods and services in connection with the James Bond name. He argues that these trademarks have been commercially underexploited and asserts that they can be contested after five years of non-use. This challenge has huge ramifications. James Bond is exactly the sort of European Union trademark highly regarded ®.
Rudolf Böckenholt, a legal counsel for Danjaq, underscored the importance of these trademarks at stake.
“James Bond is a trademark of the highest reputation in the EU,” – Rudolf Böckenholt
He further elaborated on the nature of Kleindienst’s claims, labeling them as an unprecedented assault on the established trademarks that protect the brand’s integrity.
“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,” – Rudolf Böckenholt
Danjaq is clearly preparing to mount an aggressive defense of its trademarks. The company’s lawyers are working to submit enough evidence to prove that the James Bond trademarks are still being commercially exploited. This evidence will be especially important in rebutting Kleindienst’s claims and strengthening Danjaq’s hand as this battle in a much larger legal war unfolds.
The stakes are especially steep for Danjaq, which has historically co-owned the copyright to its back James Bond catalog with MGM Studios. Earlier this year, Amazon bought MGM for $8.5 billion. After its acquisition of MGM, Amazon would commit more than $1 billion just to obtain full creative control of the James Bond franchise. The fact that someone like Disney is now weighed into this significant matter only further highlights the importance and potential impact of Kleindienst’s challenge.
There has yet to be an official announcement about who will succeed Daniel Craig in the 007 role. There is no word at all on when production will start on subsequent films. Craig’s final turn as 007 in No Time to Die excited audiences when it premiered back in 2021. It had them clearly feeling unsure about where the franchise was going overall.
Kleindienst is maybe best known for his own highly ambitious, $5 billion luxury resort complex, called the Heart of Europe. While it may seem absurd, his motivations to protect James Bond trademarks are likely rooted in his significant business interests. By aligning with aspirational brands, his small resort can compete for high-profile guests and earn a distinct competitive advantage.
This does not sit well with Danjaq’s legal team, which alleges that Kleindienst has a history of dangerous actions. They first argued that his challenges amounted to an abuse of process, one that reportedly jeopardizes a trademark formulated over many decades. This legal battle will almost certainly determine a strong precedent for enforcing and challenging trademark rights. Its positive effects will be felt deeply by the international entertainment and branding industries.