Danjaq – the owner of the rights in the James Bond
film, Dr No - has failed to prevent Mission Productions from
registering a European Community trade mark for the term 'DR
NO' for bags, clothing, food and drink. OHIM (the European
Community Trade Marks Office) rejected Danjaq's opposition and
this decision was upheld by the European Court of First Instance.
The CFI said that the purpose of the trade mark was to identify the
commercial original of goods so that consumers knew what they were
buying. The Dr No film title represented a cultural rather than
commercial function. 'Dr No' helped to distinguish that
particular film from other James Bond films. In contrast, the
opponent's commercial rights were protected by other signs such
as '007' and 'James Bond'.
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