Cheers to 007

When you say "007," almost everyone immediately knows you're talking about James Bond—the legendary secret agent from the famous film series known by code number 007.

Danjaq is the company responsible for the copyrights and trademarks related to the James Bond characters, titles and other materials. Danjaq also registered 007 as a trademark and regularly takes action against infringements.

Most recently, they had to take action again—this time against a European trademark application for a rather unique product: ouzo. For those unfamiliar, ouzo is a Greek alcoholic beverage with an anise flavor. This particular ouzo featured a label with several elements, including a Greek god carrying the numbers "007." The label also included the words “Ouzo” and “Lark,” all surrounded by a decorative frame. It’s certainly a distinctive logo.

Danjaq is not pleased with the "007" element and fears that the applicant is unfairly benefiting from the distinctiveness of the 007 trademark—or even damaging it. For this opposition to succeed, however, Danjaq will have to overcome a few hurdles.

First, the company must prove the fame of the 007 trademark. Not an easy task, as the evidence must show that 007 is known as a trademark—that is, as a sign of origin—within the market. In previous cases, this has however been successfully established for “entertainment and film distribution”.

But that’s not the end of it. The signs must also be similar: the consumer must make a connection between the marks. If the European trademark office agrees that such a link exists, it then has to be assessed whether there's a risk of unfair advantage or detriment to the distinctive character of the 007 mark. The degree of similarity between the products and services involved plays a role in this assessment.

For products with little connection to films, the risk of dilution may not be obvious. The key question here is whether a product like ouzo is perhaps too niche for consumers to associate it with James Bond—even though James Bond himself is fond of Martini cocktails. But who knows, maybe the European trademark office will consider Bond’s association with cocktails enough reason to see a risk of dilution.

The opposition was recently filed, so for now, the cliffhanger remains unresolved. We’ll keep you posted once a decision is made!

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.