The Memo: The name’s Bond, James Bond. But who owns it?

It’s hard to think of anyone on earth who isn’t familiar with the name James Bond. The character first appeared in Ian Fleming’s novel Casino Royale in 1953 and debuted onscreen in 1962, yet still undoubtedly remains one of the most iconic names in the history of cinema. However, the owners of the multi-billion-pound James Bond franchise and the associated IP rights are currently facing a legal battle they perhaps never expected. An Austrian property mogul based in Dubai has brought a filed a claim to take over the rights to the James Bond name from its current owner, California-based company Danjaq, following a period of non-usage. The Guardian reports that the protections challenged by the claim include various titles: James Bond Special Agent 007, James Bond 007, James Bond: World of Espionage: James Bond, and the classic line, “the name’s Bond, James Bond.” 

But how on earth did we get to this point? Current UK and EU law stipulates that a trademarked name can be challenged after a five-year period of commercial inactivity, which can lead to a dispute to revoke the ownership of the title. The intellectual property claim has ultimately been brought about on the basis that James Bond has not been utilised for the goods and services it protects, which leaves the current owners of the title in a vulnerable position. That’s exactly the predicament that Danjaq is in, as the company may lose the rights for the first time ever. If the claim is successful, this will affect the company’s ability to not only use the name in film, but also in publishing, merchandising, and design.  

Josef Kleindienst is the man behind the claim, and he is making the move under the guise of Kleindienst Group, the company he heads. Further ventures of the Kleindienst Group include the building of a $5 billion luxury resort across a number of manmade islands just off the sun-soaked Dubai coast. However, all of this doesn’t necessarily mean that we must say au revoir to the famous James Bond name. Those in the Kleindienst camp have shared plans to continue the name, confirming that the super spy character “will not die on my watch.” Rather than taking the cynical view that Kleindienst intends to disrupt the legacy of one of the highest-grossing media franchises of all time, it appears he is instead looking to take over the trademark rights whilst facilitating business as usual.