Look at the part you bolded. It refers to "the literary character James Bond." My hypothetical meek mannered accountant named James Bond not only is not the literary character James Bond but bares no resemblance to the literary character named James Bond. Thus, no infringement.
But if an international super- franchise would use a main character from a Karl May novel today , we'd certainly see some court trials.
But it's NOT the same character, and already established in Bond...I don't doubt they would try and sue and for that reason Eon probably would leave it - but then whosoever owns the May rights might be be glad of the publicity !
It may fly, if one of the characters may be called Shatterhand.
But calling a movie "Shatterhand" would be similar to if a movie production created a figure "James Bond" with different attributes than 007 but named the movie "James Bond".
EON would be all over them.
President of the 'Misty Eyes Club'.
Dalton - the weak and weepy Bond!
Uh oh! Looks like I started a legal battle here, and the lawyer part of me loves it! ) However, I just thought Shatterhand would be a good title for a Bond film in the tradition of Dr. No or Goldfinger where the main villain's name is used. Although I am not a trademark or copyright lawyer, I can see how the use of the name could get EON entangled in a drawn out legal battle that I am sure they would prefer to avoid (even if they might ultimately win the case.) Based on that, I would have to agree with those who believe Shatterhand will probably never be used as the title for a Bond film.
Look at the part you bolded. It refers to "the literary character James Bond." My hypothetical meek mannered accountant named James Bond not only is not the literary character James Bond but bares no resemblance to the literary character named James Bond. Thus, no infringement.
You would be more likely to get sued by the Agatha Christie estate. In a 1934 story, "The Rajah's Emerald", her main character is a meek mannered clerk called James Bond as mentioned by Thunderpussy in post 269.
Look at the part you bolded. It refers to "the literary character James Bond." My hypothetical meek mannered accountant named James Bond not only is not the literary character James Bond but bares no resemblance to the literary character named James Bond. Thus, no infringement.
You'll note that "the literary character James Bond" is not defined in the trade mark claim wording. Where it is vague, it may be open to interpretation by the courts. I have little doubt that Danjaq will clamp down on anyone using "James Bond" as a literary character name claiming an infringement of trade mark rights and passing off. Then it comes down to whether the defendant has the resources to defend such an infringement claim against the might of Danjaq.
As I said earlier, however, even if they are unsuccessful in prosecuting a trade mark infringement action, they still have a cause of action under the common law tort of passing off.
Uh oh! Looks like I started a legal battle here, and the lawyer part of me loves it! ) However, I just thought Shatterhand would be a good title for a Bond film in the tradition of Dr. No or Goldfinger where the main villain's name is used. Although I am not a trademark or copyright lawyer, I can see how the use of the name could get EON entangled in a drawn out legal battle that I am sure they would prefer to avoid (even if they might ultimately win the case.) Based on that, I would have to agree with those who believe Shatterhand will probably never be used as the title for a Bond film.
The lawyer part of me loves it too. I do practise in intellectual property as I find this area of law fascinating.
I was wrong when I said that Shatterhand could infringe on a trade mark - I hadn't read the trade mark correctly. A search of the USPTO site revealed several "Shatterhand" trade marks that have since lapsed and are no longer protected. It would appear that there may not be any hinderance (as far as trade mark rights are concerned) to calling the new film, "Shatterhand".
Look at the part you bolded. It refers to "the literary character James Bond." My hypothetical meek mannered accountant named James Bond not only is not the literary character James Bond but bares no resemblance to the literary character named James Bond. Thus, no infringement.
You'll note that "the literary character James Bond" is not defined in the trade mark claim wording. Where it is vague, it may be open to interpretation by the courts. I have little doubt that Danjaq will clamp down on anyone using "James Bond" as a literary character name claiming an infringement of trade mark rights and passing off. Then it comes down to whether the defendant has the resources to defend such an infringement claim against the might of Danjaq.
As I said earlier, however, even if they are unsuccessful in prosecuting a trade mark infringement action, they still have a cause of action under the common law tort of passing off.
Uh oh! Looks like I started a legal battle here, and the lawyer part of me loves it! ) However, I just thought Shatterhand would be a good title for a Bond film in the tradition of Dr. No or Goldfinger where the main villain's name is used. Although I am not a trademark or copyright lawyer, I can see how the use of the name could get EON entangled in a drawn out legal battle that I am sure they would prefer to avoid (even if they might ultimately win the case.) Based on that, I would have to agree with those who believe Shatterhand will probably never be used as the title for a Bond film.
The lawyer part of me loves it too. I do practise in intellectual property as I find this area of law fascinating.
I was wrong when I said that Shatterhand could infringe on a trade mark - I hadn't read the trade mark correctly. A search of the USPTO site revealed several "Shatterhand" trade marks that have since lapsed and are no longer protected. It would appear that there may not be any hinderance (as far as trade mark rights are concerned) to calling the new film, "Shatterhand".
I practice in the US and we don't recognize the common law cause of action of "passing off." All I know is that it's subject to "a moron in a hurry" test as to whether marks could be confused.
I practice in the US and we don't recognize the common law cause of action of "passing off." All I know is that it's subject to "a moron in a hurry" test as to whether marks could be confused.
"A moron in a hurry." Only the British.
With respect, this article that I just found seem to suggest that there is, albeit interpreted and applied differently:
Uh oh! Looks like I started a legal battle here, and the lawyer part of me loves it! ) However, I just thought Shatterhand would be a good title for a Bond film in the tradition of Dr. No or Goldfinger where the main villain's name is used. Although I am not a trademark or copyright lawyer, I can see how the use of the name could get EON entangled in a drawn out legal battle that I am sure they would prefer to avoid (even if they might ultimately win the case.) Based on that, I would have to agree with those who believe Shatterhand will probably never be used as the title for a Bond film.
Indeed. The Garden of Death or Slay It With Flowers might make good alternative titles to Shatterhand for a future James Bond film.
"The tough man of the world. The Secret Agent. The man who was only a silhouette." - Ian Fleming, Moonraker (1955).
I practice in the US and we don't recognize the common law cause of action of "passing off." All I know is that it's subject to "a moron in a hurry" test as to whether marks could be confused.
The lawyer part of me loves it too. I do practise in intellectual property as I find this area of law fascinating.
I was wrong when I said that Shatterhand could infringe on a trade mark - I hadn't read the trade mark correctly. A search of the USPTO site revealed several "Shatterhand" trade marks that have since lapsed and are no longer protected. It would appear that there may not be any hinderance (as far as trade mark rights are concerned) to calling the new film, "Shatterhand".
Just to make sure:
Are these statements based on US law only or does that apply to international law?
EON productions is a UK company and the rightowners for Karl May's works are in Germany.
President of the 'Misty Eyes Club'.
Dalton - the weak and weepy Bond!
I practice in the US and we don't recognize the common law cause of action of "passing off." All I know is that it's subject to "a moron in a hurry" test as to whether marks could be confused.
The lawyer part of me loves it too. I do practise in intellectual property as I find this area of law fascinating.
I was wrong when I said that Shatterhand could infringe on a trade mark - I hadn't read the trade mark correctly. A search of the USPTO site revealed several "Shatterhand" trade marks that have since lapsed and are no longer protected. It would appear that there may not be any hinderance (as far as trade mark rights are concerned) to calling the new film, "Shatterhand".
Just to make sure:
Are these statements based on US law only or does that apply to international law?
EON productions is a UK company and the rightowners for Karl May's works are in Germany.
In my experience, trade mark law is very similar in most jurisdictions, particularly those who are parties to the Agreement on Trade Related Aspects of Intellectual Property (otherwise known as the TRIPs) - which is most of the world.
However, trade marks remains governed primarily by domestic law rather than international law. So while there is some semblance of uniformity in trade mark laws of most jurisdictions, it is not "international law" in the legal sense of that term.
As for the statement in relation to the existence of the "Shatterhand" trade mark, that is a question of fact and not of law. I had only searched in the UKIPO and USPTO's trade mark databases for "Shatterhand" as a registered trade mark. Presumably, the producers will also look at registered and unregistered trade marks in each jurisdiction in which it intends to release the film prior to formalising the title to ensure that the title is not only marketable, but also that it does not infringe on any third party's intellectual property rights.
"Shatterhand" is not registered in the UKIPO as a trade mark, neither is it registered in Australia. There were a number of lapsed trade marks registered in the USPTO. I am of the view that it is highly unlikely that the title "Shatterhand" will be found to infringe on the intellectual property rights of any party in the UK, US nor Australia.
I had a dream last night I was watching the official press release and the title of Bond 24 being announced, I remember being slight wary like how most people were tring to get their head around "qauntum of solace". I was so excited about posting the title on here, then I woke up and forgot what the title was ) ) ) )
LoeffelholzThe United States, With LovePosts: 8,990Quartermasters
"Shatterhand" is a great title...but I'm sure they won't use two one-word titles in back to back films. I'm quite fond of "The Death Collector," and other chapter titles, like "Blood & Thunder." Most likely, though, they'll again simply go for something 'Fleming-like' that's been conjured up out of whole cloth.
Check out my Amazon author page!Mark Loeffelholz
"I am not an entrant in the Shakespeare Stakes." - Ian Fleming
"Screw 'em." - Daniel Craig, The Best James Bond EverTM
The title is from my busy little right brain. When I try to think of titles I picture them as if they were on the cover of a Signet edition - it's what I grew up reading. It helps me to visualize if it fits in the other books in the series. Though Fleming had one word titles, he didn't seem to have a preference for them. I always like the word necrosis - you don't see it a lot and it derives from the Greek nekrōsis which is from nekroun - to make dead, which is from nekros- dead body. The cover is just a pasted mockup I created when I try out a title. I only have to change the lettering at the bottom and or the colors of the letters and background to get variations. Interestingly, given your AJB name, I always thought a nice Bond title would be something like "The Last Silhouette ".
The history of violence - This is taken from an Ian Fleming quote "As for sex, well, I mean sex is a perfectly respectable subject as far as Shakespeare is concerned. I mean, all history is love and violence" - Ian Fleming.
Seven past midnight - Just because on a digital clock it reads 00:07
Rise of the pheonix - Its corny sounding but the name James Bond did come from the ornithologist who wrote the Birds of the West Indies were Felming took the name and with MI6 recovering from the events of Skyfall , and the pheonix being the symbol of resurrection it kind of ticked two mental boxes.
The history of violence - This is taken from an Ian Fleming quote "As for sex, well, I mean sex is a perfectly respectable subject as far as Shakespeare is concerned. I mean, all history is love and violence" - Ian Fleming.
Apparently you missed the critically acclaimed film A History of Violence, made a few years ago, starring Viggo Mortensen and directed by David Cronenberg? I don't think EON would use that title. . .
The history of violence - This is taken from an Ian Fleming quote "As for sex, well, I mean sex is a perfectly respectable subject as far as Shakespeare is concerned. I mean, all history is love and violence" - Ian Fleming.
Apparently you missed the critically acclaimed film A History of Violence, made a few years ago, starring Viggo Mortensen and directed by David Cronenberg? I don't think EON would use that title. . .
You know what, I have it recorded on my Sky HD box to watch. LOL!
There have been some great films names that would have been good bond titles.
Valhalla Rising
Blood Diamond
Zero Dark Thirty
To name a few.
It must be hard to come up with a good punchy title thats not been used these days.
"Shatterhand" is a great title...but I'm sure they won't use two one-word titles in back to back films. I'm quite fond of "The Death Collector," and other chapter titles, like "Blood & Thunder." Most likely, though, they'll again simply go for something 'Fleming-like' that's been conjured up out of whole cloth.
they did with Goldfinger and Thunderball, but yes I to would like the name of the villain as the title, think Colnel Sun would be great
Comments
It may fly, if one of the characters may be called Shatterhand.
But calling a movie "Shatterhand" would be similar to if a movie production created a figure "James Bond" with different attributes than 007 but named the movie "James Bond".
EON would be all over them.
Dalton - the weak and weepy Bond!
Yeah, make a romantic comedy and name it "James Bond" and go figure......
Dalton - the weak and weepy Bond!
You would be more likely to get sued by the Agatha Christie estate. In a 1934 story, "The Rajah's Emerald", her main character is a meek mannered clerk called James Bond as mentioned by Thunderpussy in post 269.
Thanks, TP! Barbel
You'll note that "the literary character James Bond" is not defined in the trade mark claim wording. Where it is vague, it may be open to interpretation by the courts. I have little doubt that Danjaq will clamp down on anyone using "James Bond" as a literary character name claiming an infringement of trade mark rights and passing off. Then it comes down to whether the defendant has the resources to defend such an infringement claim against the might of Danjaq.
As I said earlier, however, even if they are unsuccessful in prosecuting a trade mark infringement action, they still have a cause of action under the common law tort of passing off.
The lawyer part of me loves it too. I do practise in intellectual property as I find this area of law fascinating.
I was wrong when I said that Shatterhand could infringe on a trade mark - I hadn't read the trade mark correctly. A search of the USPTO site revealed several "Shatterhand" trade marks that have since lapsed and are no longer protected. It would appear that there may not be any hinderance (as far as trade mark rights are concerned) to calling the new film, "Shatterhand".
Hope springs eternal!
"A moron in a hurry." Only the British.
With respect, this article that I just found seem to suggest that there is, albeit interpreted and applied differently:
http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1806&context=facpub
The article does not suggest that all forms of passing off are not recognised in the US.
Indeed. The Garden of Death or Slay It With Flowers might make good alternative titles to Shatterhand for a future James Bond film.
Just to make sure:
Are these statements based on US law only or does that apply to international law?
EON productions is a UK company and the rightowners for Karl May's works are in Germany.
Dalton - the weak and weepy Bond!
In my experience, trade mark law is very similar in most jurisdictions, particularly those who are parties to the Agreement on Trade Related Aspects of Intellectual Property (otherwise known as the TRIPs) - which is most of the world.
However, trade marks remains governed primarily by domestic law rather than international law. So while there is some semblance of uniformity in trade mark laws of most jurisdictions, it is not "international law" in the legal sense of that term.
As for the statement in relation to the existence of the "Shatterhand" trade mark, that is a question of fact and not of law. I had only searched in the UKIPO and USPTO's trade mark databases for "Shatterhand" as a registered trade mark. Presumably, the producers will also look at registered and unregistered trade marks in each jurisdiction in which it intends to release the film prior to formalising the title to ensure that the title is not only marketable, but also that it does not infringe on any third party's intellectual property rights.
"Shatterhand" is not registered in the UKIPO as a trade mark, neither is it registered in Australia. There were a number of lapsed trade marks registered in the USPTO. I am of the view that it is highly unlikely that the title "Shatterhand" will be found to infringe on the intellectual property rights of any party in the UK, US nor Australia.
"I am not an entrant in the Shakespeare Stakes." - Ian Fleming
"Screw 'em." - Daniel Craig, The Best James Bond EverTM
Necroses is a spy ring and the "shadows" are the ring's agents.
Interesting title - where did you find that, Commander?
Cruel to be kind - Kind of sums up what Bond is.
The history of violence - This is taken from an Ian Fleming quote "As for sex, well, I mean sex is a perfectly respectable subject as far as Shakespeare is concerned. I mean, all history is love and violence" - Ian Fleming.
Seven past midnight - Just because on a digital clock it reads 00:07
Rise of the pheonix - Its corny sounding but the name James Bond did come from the ornithologist who wrote the Birds of the West Indies were Felming took the name and with MI6 recovering from the events of Skyfall , and the pheonix being the symbol of resurrection it kind of ticked two mental boxes.
Apparently you missed the critically acclaimed film A History of Violence, made a few years ago, starring Viggo Mortensen and directed by David Cronenberg? I don't think EON would use that title. . .
Or....."For Your Selfie Only"? "Selfies Are Forever"? "The Spy Who Loved Selfies"? "The Man With Too Many Selfies"? "Textfingers"?
Random word association - No Fingerball twice. (hope I'm not lowering the tone!
Or "Secret Service with a smile". "Downhill Only". (OHMSS).
"A Charming Man" (Bond or the villain?) "Lethal Charmer".
"Not nice to know You".
Bleuville.
No, that would be Thunderpussy's job. I meant the book cover was nice work!
You know what, I have it recorded on my Sky HD box to watch. LOL!
There have been some great films names that would have been good bond titles.
Valhalla Rising
Blood Diamond
Zero Dark Thirty
To name a few.
It must be hard to come up with a good punchy title thats not been used these days.
Great title... The Hurt Locker is also one I like... but not sure if this is too much of a military reference.
I really don't like Shatterhand (sorry Loeff) and I really dislike Property of a Lady (sounds like a Jane Austen novel)
But I would like a colour mentioned in the title...
Red spy at night
Black dawn....?
anyhoo....