King Charles’s personal shirtmaker. The world’s oldest hatters, who designed fitments for Queen Elizabeth II’s coronation crown and boast fans including Winston Churchill. A luxury sports brand with a “spy-ready” ski-suit.
Has James Bond assembled a crack team that can successfully take on his latest adversary?
Lawyers representing Danjaq, the US company that controls the rights to worldwide James Bond merchandising in conjunction with the UK company Eon Productions, have filed evidence running to 227 pages as it battles to retain control of the superspy’s name across Europe.
In February, the Guardian revealed that a Dubai-based property developer had filed claims in the UK and EU arguing that lack of use meant various protections had lapsed around James Bond’s intellectual property, including his name, his 007 assignation and the catchphrase “Bond, James Bond”.
Nearly all nine of the trademarks being challenged relate to the merchandising of goods and services under the Bond name, which can be challenged after five years of “non-use”.
Josef Kleindienst, an Austrian who is building a $5bn (£3.7bn) luxury resort complex called the Heart of Europe on six artificial islands off Dubai, has argued that the trademarks have been commercially underexploited.
Boehmert & Boehmert, one of the largest intellectual property (IP) law firms in Europe, representing Danjaq, has hit back, filing evidence to the European trademark office from a who’s who of high-end partners still using the Bond name.
The filing starts with the 140-year-old Jermyn Street tailor, Turnbull & Asser, which describes itself as the “definitive British shirtmaker” and created shirts for Sean Connery in the first Bond film, 1962’s Dr No, continuing to do so since for Bond actors including Pierce Brosnan and Daniel Craig.
The firm is the personal shirtmaker to the king, who bestowed the company with his first royal warrant when, as the Prince of Wales, he was given the power to do so in 1980.
Lock & Co Hatters in London’s St James’s Street, which has existed since 1676, features in the evidence file. Photograph: Alicia Canter/The Guardian
Turnbull & Asser created the shirt Charles wore on his coronation day in 2023, and a year later he renewed its royal warrant.
The evidence file also features Lock & Co, the world’s oldest hatters with roots dating to 1676, whose heritage includes being responsible for fitting out first world war soldiers in their now familiar “Mark 1” tin helmets before being deployed overseas.
The company, based in London’s St James’s Street, started its Bond relationship with one of its hats appearing in the now famous opening credit gun barrel scene in 1960’s Dr No.
Lock & Co was also behind henchman Odd Job’s famous lethal Coker, or bowler hat, in 1964’s Goldfinger.
Bond fans can pay £537 for the James felt trilby, Dr No edition while women might take to the £662 Vesper, originally created for Eva Green to wear as Vesper Lynd in 2006’s Casino Royale.
“In cases such as this the brand owner should respond by providing a robust package of evidence, assuming they are able to do so,” said Mark Caddle, partner and trademark lawyer at the European IP firm Withers & Rogers. “Commercial use is often shown by sales figures and a selection of invoices to support them, as well as by evidence of marketing and communications activity, such as brochures, online advertising, physical advertising and social media posts.”
Commercial information has also been provided for the luxury sports lifestyle brand Bognor.
Willie Bognor Jr, who took over running the company founded by his father in 1932, has been credited for creating the world’s first action skiing scenes for 1969’s On Her Majesty’s Secret Service.
He went on to create alpine scenes for Bond productions including The Spy Who Loved Me, For Your Eyes Only and A View to a Kill.
Daniel Craig as James Bond in No Time to Die. Product information is provided by a luxury seller of No Time to Die combat trousers. Photograph: Pictorial Press/Alamy
Last year, the company launched its “spy-ready” ski range – the Bognor X 007 collection – with products priced from $290 to $2,300 (about £205 to £1,700).
There is also product and commercial information from luxury cashmere and accessories brand N.Peal, founded in 1936 with a flagship store in London’s Burlington arcade, which stocks a modern take on Bond, including a pair of £245 No Time to Die combat trousers.
Boehmert & Boehmert has called the trademark action an “unprecedented assault” on the multibillion-pound global franchise.
“We will file evidence of use for each trademark,” said Rudolf Böckenholt, at Boehmert & Boehmert, in a defence filing. “Considering the number of goods/services at issue for each trademark, this will be a submission considerable in length and size, including numerous attachments and exhibits.”
Kleindienst has extended his attempt to try to take control of the spy’s various brands by also submitting his own trademark for James Bond in Europe. He has not, however, done the same in the UK.
The developer has said that he has launched the trademark action because he is concerned about the commercial future of the spy franchise, arguing that Bond “will not die” on his watch.
Daniel Craig’s last outing as 007, in No Time to Die, was released in 2021. With no announcement yet of his replacement or timeline for production of the next film, the franchise is on track to beat the previous longest gap between instalments of six years and four months.
Danjaq also co-owns the copyright to the existing Bond films, along with MGM Studios, which was acquired by Amazon for $8.5bn in 2021. Days after the report of Kleindienst’s legal challenges, it emerged that Amazon had paid more than $1bn to gain full “creative control” of the franchise from Barbara Broccoli and Michael G Wilson, the longtime stewards of the Bond films.
With creative control, Amazon now has the power to move forward with new films and potentially TV spin-offs, without approval from the two British-American heirs to the film producer Albert “Cubby” Broccoli, who had overseen the integrity of the character originally created in 1953 by the author Ian Fleming.
Denis Villeneuve, the man behind the Dune franchise, is directing the next Bond film. And Steven Knight, who is the co-creator of the gameshow Who Wants to Be a Millionaire? and penned Peaky Blinders, has reportedly been brought on board to write the next 007 outing.
In March, Amazon confirmed that Amy Pascal and David Heyman would produce the film, although no release date or lead actor has yet been named. Pascal has experience with the Bond series in her previous position as Sony’s chair of film, overseeing Casino Royale, Quantum of Solace and Skyfall. She also had producer credits on the latest Spider-Man series.
Heyman is best known as the producer of the Harry Potter films as well as the Fantastic Beasts franchise and is now in pre-production on the HBO TV series adaptation of the stories. He is the second most commercially successful film producer of all time, with credits including Gravity, Paddington, Barbie, Wonka and Once Upon a Time … in Hollywood.
“We have the utmost respect for the legacy of James Bond,” said Kleindienst in response to the latest developments in the trademark case. “Yet we must acknowledge a simple truth: there are clear trademark and copyright laws, which exist to prevent prolonged inactivity and ensure that cultural properties continue to serve the audiences that value them. Our goal is straightforward – to respect the legacy while ensuring that Bond remains relevant and accessible to all fans.”