Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Trademark Alert: JAMES BLOND Is Blocked in the United States by the Owners of JAMES BOND Franchise

January 20, 2021
Author(s): Max Vern

In November 2020, Danjaq, LLC, a holding company owning all IP rights in the James Bond franchise and known for being ferociously protective of its crown jewel, the JAMES BOND name, opposed a U.S. trademark application for JAMES BLOND, by one Justin Dow, who sought registration of this alleged disambiguation of the globally famous namesake for an online travel-related blog. The mere thought of “BLOND, JAMES BLOND” line being used in a travel blog must have repulsed Danjaq.
 
In the Notice of Opposition, despite not owning registered trademarks for social media e-platform services, Danjaq asserted likelihood of confusion as well as dilution of its earlier rights, inter alia stating that “Applicant’s mark is likely to cause confusion, mistake or deception as to source, origin, affiliation, association, connection or sponsorship of Applicant’s goods...under the JAMES BLOND mark with Opposer’s Bond Marks” and, also, that “Applicant’s JAMES BLOND mark is likely to impair the distinctiveness…and to harm the reputation of, or tarnish Opposer’s Bond Marks.”
 
The applicant eventually failed to answer the Opposition, and a Notice of Default was issued.  
 
Barring last moment motion by the applicant, the case will be decided by a default judgment and sent for filing away by Miss. Moneypenny in the tall and dusty pile of other shaken (but not stirred) and thrown out applications for equally encroaching rights.
 
Max Vern is a partner at Amster, Rothstein & Ebenstein LLP. His practice focuses on trademark rights and protection of global trademark portfolios – all facets and stages of domestic and international trademark portfolio management. He can be reached at [email protected]
 



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