Danjaq LLC v. Office for Harmonization in the Internal Market
European Union Court of Justice
Case T-435/05 (2009)
- Written by Sarah Holley, JD
Facts
Mission Productions Gesellschaft für Film-, Fernseh-, und Veranstaltungsproduktion mbH (Mission), a German business, applied to register the sign “Dr. No” as a trademark for use in connection with clothing, footwear, and beer, among other products. Dr. No was the title of the first film in the James Bond series and the name of one of the main characters in the film. Danjaq LLC, a United States business that managed the trademark rights in the James Bond series, filed an opposition to the application, relying on its rights in the sign Dr. No, which it used in connection with films, DVDs, videos, comic books, music recordings, books, posters, and action figures. Danjaq claimed that there was a likelihood of confusion between Mission’s mark and its well-known Dr. No mark. The Office for Harmonisation of the Internal Market (OHIM) rejected the opposition, holding that Danjaq had failed to prove that its mark was well-known and that its unregistered Dr. No mark had been used in the course of trade prior to the date of Mission’s application. The Board of Appeals of OHIM dismissed Danjaq’s appeal. Danjaq appealed to the Court of First Instance.
Rule of Law
Issue
Holding and Reasoning ()
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