In a high-stakes battle to retain the reins of the multibillion-pound James Bond franchise, its owners find themselves entangled in a legal wrangle over the iconic spy's moniker. The saga unfolded after a Dubai-headquartered property tycoon launched claims across the UK and Europe, asserting that the trademark for James Bond has been neglected across an array of products and services.
Josef Kleindienst, an Austrian entrepreneur and the mastermind behind the $5 billion Heart of Europe luxury resort—a sprawling complex of six artificial islands off Dubai's shore—has initiated a flurry of "cancellation actions based on non-use" targeting the James Bond name. According to UK and EU legal frameworks, if a trademark is registered for specific goods and services but remains commercially unexploited in these sectors for at least five years, it becomes vulnerable to ownership revocation challenges.
"Mr. Kleindienst is contesting several UK and European Union trademark registrations pertaining to James Bond," revealed Mark Caddle, a partner and patent attorney at the esteemed European intellectual property firm Withers & Rogers. "The crux of his EU filings hinges on the fact that James Bond has been dormant in the realm of protected goods and services, which is likely to mirror the rationale behind his UK filings."
Multiple iterations of the super spy's name, including James Bond Special Agent 007, James Bond 007, James Bond, James Bond: World of Espionage, and the iconic phrase "Bond, James Bond," are now under fire regarding their trademark protection. Kleindienst's challenge stems from the alleged failure to leverage the James Bond name across diverse "classes" of goods and services, spanning "vehicle models," "computer programs and electronic comic books," "electronic publishing and design," as well as ventures such as restaurants, cocktail lounges, and accommodation.
Kleindienst, the founder of the Kleindienst Group—claimed to be the UAE's largest European property developer—lodged these claims. A spokesperson for Kleindienst affirmed that should he prevail in his challenge, plans to harness the Bond name are afoot, promising that "an announcement is imminent."
The EU cancellation actions were officially filed on January 27th. Although no specific date has been disclosed for the UK filings, they are presumed to be recent, given their status as "awaiting defence."
Danjaq, a US-based company officially registered as the owner of the James Bond trademarks, collaborates with Eon to oversee worldwide traditional merchandising rights. Eon, the UK production house credited with transforming Ian Fleming's James Bond into a cinematic powerhouse, is helmed by Barbara Broccoli and Michael G Wilson, who diligently safeguard the intellectual property associated with 007.
Danjaq also co-owns the copyright to the existing James Bond films alongside MGM Studios, which Amazon acquired for $8.5 billion in 2021—the same year the franchise's latest instalment, No Time to Die, graced silver screens.
"Upon filing the cancellation actions, Danjaq has two months to mount a defence," noted Caddle. "To keep these trademarks alive, Danjaq must engage in a trademark office action, demonstrating usage of James Bond in the contested areas within the past five years."
James Bond might soon bear the hallmark of the United Arab Emirates, a region where Kleindienst manages his real estate ventures and lists a hotel as his residence in official filings. However, the trademark office in the Emirates remains somewhat of an enigma to the public, rendering it challenging to verify if comparable requests for cancellation have been filed.
"Kleindienst, seemingly a Dubai-based property magnate, shrouds his intentions concerning Bond in the UK and Europe in mystery," pondered Caddle. "He must harbor some underlying motive. Perhaps he's paving the way for his personal Bond trademark application, a common strategy, albeit he hasn't filed one yet. Regardless, Danjaq would undoubtedly mount a counter-challenge. James Bond remains a beloved and actively utilized character. I doubt his path would be smooth, even if victorious." Representatives from Eon and Danjaq were approached for comment.
Meanwhile, the tantalizing question of who will succeed Daniel Craig as James Bond, and when the next film will be unveiled, continues to ignite fan speculation. More than three years have elapsed since Craig's swansong as 007, yet fans remain as clueless as ever about his successor.
Rumors have circulated that Broccoli, who, alongside Wilson, wields stringent control over the film franchise and its protagonist, did not see eye-to-eye with Amazon executives following the acquisition of MGM. Last year, in an interview with The Guardian, Jennifer Salke, the worldwide head of Amazon MGM Studios, downplayed rumors of a strained relationship with Broccoli stemming from her suggestion of a Bond TV series.
"We enjoy a strong and close rapport with Eon, Barbara, and Michael," Salke assured. "We have no designs on disrupting the magic behind those extraordinary films. We defer to their lead. The global audience understands patience. We don't wish for extended gaps between films, but we're unperturbed at this juncture."
