As generations of film-lovers know, the most famous spy’s name is Bond, James Bond.
But what is yet to be determined is whether it remains protected as a trademark, or if a tycoon unconnected to the franchise is free to exploit it, as he claims.
Austrian property developer Josef Kleindienst will have a licence to make a financial killing if successful in court.
He hopes to produce Bond-branded ‘models of vehicles’, ‘computer programmes and electronic publishing’, along with restaurants and housing.
From his Bond villain-style base, located in a man-made archipelago off the coast of Dubai, Mr Kleindienst has filed lawsuits arguing that since the name has not been used in several commercial areas for more than five years, its ownership can be revoked.
His case covers variations on the name of Ian Fleming’s protagonist including James Bond, 007 and the phrase ‘Bond, James Bond’.
It has been filed in European courts, with more cases expected in Britain and Dubai.
However, the current owners of the 007 rights are expected to firmly resist Mr Kleindienst’s claims.
Josef Kleindienst has filed lawsuits arguing its ownership of the Bond brand can be revoked. Pictured: Sean Connery as James Bond
Austrian property developer Mr Kleindienst (pictured) hopes to produce Bond-branded ‘models of vehicles’, ‘computer programmes and electronic publishing’, along with restaurants and housing
Commercial rights to the Bond brand and copyright of the films are shared by producer Barbara Broccoli, who took on the role from her father Cubby; MGM Studios, bought by Amazon in 2021, and US licensing firm Danjaq.
A spokesman for Mr Kleindienst, whose masterplan is to create a £4billion luxury resort on his six artificial islands, confirmed he intends to profit from the Bond name, adding that an ‘announcement is coming soon’.
Intellectual property expert Mark Caddle, of law firm Withers and Rogers, yesterday told The Guardian: ‘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.’
Danjaq is leading the fight to keep the Bond name out of Mr Kleindienst’s clutches and will be expected to show that it has been commercially used within the last five years in the fields he wants to target – including car models and electronic publishing.
The tycoon would then have to make his own application to trademark the Bond names – something he is yet to do.
Mr Caddle said: ‘It is hard to know what he is up to. He must have some motive.
The current owners of the 007 rights are expected to resist Mr Kleindienst’s claims. Pictured: Maud Adams, Roger Moore, and, Britt Ekland in The Man With The Golden Gun
‘In any case, Danjaq would certainly counter-challenge. James Bond is still well-used and loved.’
The film franchise has been at a crossroads since the last instalment No Time To Die – in which Daniel Craig’s Bond appeared to be killed – was released four years ago.
And the identity of the next 007 remains a mystery, with Ms Broccoli only suggesting that while a non-white Bond is a possibility, the spy will remain a man.
