EU court thwarts James Bond rights holders in Dr. No case
(LUXEMBOURG) - A top European court rejected Tuesday legal action by holders of rights to the James Bond films to stop a German media company registering the name "Dr. No" as a trade mark.
The court found that US concern Danjaq "failed to establish that the signs 'Dr. No' and 'Dr. NO' were used as trade marks or that the title of the film Dr. No was used in the course of trade."
Had it done the latter, it might have been able to oppose the move by the German firm Mission Productions (OHIM) to register the signs as a trade mark, ruled the Court of First Instance, based in Luxembourg.
The tribunal said the name of the 1962 film -- which starred Sean Connery -- indicated its artistic origin and helped distinguish it from others in the popular spy action series but did not stake out any commercial claim.
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