DuetsBlog Collaborations in Creativity & the Law

007 Strikes Again

Posted in Famous Marks, Infringement, Law Suits, Social Networking, Television, Trademarks

The producer and promoter of the James Bond movies Danjaq, LLC has filed an opposition to the intent-to-use application for the mark “.007%” with the United States Trademark Trial and Appeal Board (“TTAB”).  You may have seen some of the 007 movies, including:

Dr. No (1962); From Russia With Love (1963);Goldfinger (1964); Thunderball (1965); You Only Live Twice (1967); On Her Majesty’s Secret Service (1969); Diamonds Are Forever (1971); Live And Let Die (1973); The Man With The Golden Gun (1974); The Spy Who Loved Me (1977); Moonraker (1979); For Your Eyes Only (1981); Octopussy (1983); A View To A Kill (1985); The Living Daylights (1987); License To Kill (1989); Goldeneye (1995); Tomorrow Never Dies (1997); The World Is Not Enough (1999); Die Another Day (2002); Casino Royale (2006); Quantum of Solace (2008), Skyfall (2012), and Spectre (2015) (collectively, the “James Bond Motion Pictures”).

Many people debate who the best Bond has been: is it Sean Connery, Roger Moore, Pierce Brosnan or Daniel Craig (I am doubting there are many that would pick Timothy Dalton)?  My favorite is Daniel Craig, and I enjoyed the Casino Royale and Quantum of Solace movies best.  Skyfall was good too. But, I digress.

.007 Percent, LLC touts itself as an exclusive, invitation-only, social network for Bond villains aimed at the richest people in the world.  Specifically, the application at issue seeks to register “.007%” in connection with various goods and services, including: computer services; electronic delivery of images, email and photographs via a global computer network; providing on-line chat rooms and electronic bulletin boards for transmission of messages; streaming of data; and video broadcasting services, in International Class 38 and online social networking services, in International Class 45.

Here is a full description of the goods and services contained in the application.

In the Opposition, Danjaq asserts that “[t]he 007 Marks are extensively used in connection with, and to market and promote, the James Bond Motion Pictures and a wide range of goods and services.”  “Opposer and its predecessors have invested substantial time and expense promoting the James Bond Motion Pictures and the 007 Marks.” Accordingly, Danjaq asserts that “[a]s a result of extensive sales, advertising, and promotion of the James Bond Motion Pictures and the broad range of products and services sold or offered under the 007 Marks for decades, the 007 Marks have developed enormous goodwill and secondary meaning, and they are famous under 15 U.S.C. §1125(c).”  Danjaq asserts claims of likelihood of confusion, likelihood of dilution of its famous 007 Marks and that there is no bona fide intent to use the .007% marks in commerce for the goods identified in the Application.

This is not the first time Danjaq has taken legal action to protect its 007 marks.  Indeed, Danjaq spent more than fifty years battling script writer Kevin McClory who worked with Ian Fleming who famously authored the original novels.   The dispute was finally resolved in 2013.  Further, Danjaq was able to obtain rarely afforded copyright protection for the Bond character itself.  Finally, Danjaq filed oppositions against applicants seeking to apply for the trademarks “Super Bond Girl,” and “Inspiration Shaken and Stirred.”

James Bond has been a topic before on DuetsBlog, including here and here.

Will .007 Percent secure its trademark registration?  Who is your favorite Bond actor?