EU court says yes to 'Dr No' trademark
The European Court of First Instance has ruled that Danjaq, which owns the rights to the James Bond franchise, cannot oppose DR NO as a trademark, despite the name being the title of the first film in the series.
The ruling clears the way for German media group, Mission Productions, to register the name across the EU at the end of an eight-year legal dispute.
Danjaq claimed there was a risk of confusion because of James Bond's association with the film Dr No, which was released in 1962 starring Sean Connery.
However, the judges ruled that the essential function of a trademark was commercial recognition, whereas Danjaq's use was artistic and not commercial.
"Those signs, affixed to the covers of the video cassettes or to the DVDs, help to distinguish that film from other films in the James Bond series," said the CFI. "The commercial origin of the film is indicated by other signs, such as 007 or James Bond... In those circumstances, the sign [DR NO] cannot be regarded as a well known trademark or non-registered trademark."
Mission Productions had originally registered the mark in 2001 with the Office for Harmonization in the Internal Market. Danjaq filed an opposition to the registration but failed to have the mark removed. The case was then appealed to the CFI which has not upheld OHIM's ruling.
In anticipation of the decision, Danjaq has already applied to register as community marks all the other James Bond film titles. Of these, 18 have been registered, while approval is still pending for three - Casino Royale, Octopussy and Goldeneye. These marks are being challenged by other companies.
