A new Goldfinger?

UPDATE (1 p.m., New York time): I have been advised that a European Union trademark exists for the name Goldfinger (among other Bond trademarks).

ORIGINAL POST: James Bond fans took note of a story in Variety about a new Goldfinger project that has nothing to do with 007 or Auric Goldfinger.

This new Goldfinger film, according to the entertainment-news outlet is set in the 1980s and “depicts cut-throat machinations between Hong Kong’s jostling business elites amidst the backdrop of the tail end of British colonial rule.”

The James Bond Goldfinger, released in 1964 and based on a 1959 Ian Fleming novel, turned Bond into a phenomenon and was the first mega-hit for the film 007.

Some fans might be wondering how it’s even possible a new movie could be titled Goldfinger.

The Weintraub Tobin law firm in California has intellectual and entertainment practices. The firm’s IP Law Blog had a February 2020 entry about how copyright and trade applies to titles.

“Generally, the title to a single motion picture is not entitled to trademark protection,” wrote attorney Scott Hervey. “This is the same for the title to single books, songs and other singular creative works.”

However, things can be more complicated.

For one thing, with a serialized work such as a television series, “trademark protection would be warranged.”

Also, according to Hervey, courts may grant protection if it can be demonstrated a title has acquired secondary, or distinctive, meaning. “Establishing acquired distinctiveness is not an easy task,” he wrote.

Strictly a guess, but I could see how an attorney might argue that Goldfinger has a unique meaning, i.e. a specific rich, megalomaniac villain.

If you want to take a deeper dive into the subject, you can read the attorney’s blog post by CLICKING HERE. We’ll also see if this Goldfinger project generates fees for lawyers.

ADDENDUM: I should have pointed this out. No Time to Die, the 25th James Bond film, is at least the third use of that title. In the 1950s, there was a war movie produced by Irving Allen and Albert R. Broccoli with that name (it was called Tank Force in the U.S.) That movie was released by Columbia. No Time to Die was also the title of a 1992 episode of Columbo.

To be sure, No Time to Die is a pretty generic title and not in the class of distinctiveness as Goldfinger. Besides the examples above, there have been very similar-sounding titles such as And a Time to Die…, a 1970 episode of Hawaii Five-O.

One Response

  1. Well if was all that so simple (and the Spy Commander’s blog freely admits not) then why was there all that brewha involved with the development of the MFU series? Taking great care to be distinctive from “James Bond.” And particularly in the use of “Solo’s” name. Didn’t an agreement have to be reached and further assurances made there would be no (other at that point) infringement on the James Bond franchise??

    Now titles and names have different purposes (true). But in the case of entertainment they also refer to (or define) distinctive personalities, which are usually intrinsic to the premise of the vehicle (media) itself. Goldfinger wasn’t just a random name like John Smith. But an identity, and in fact was the invention (or product) of a creator (writer/producer) specific to playing a purpose (fulfilling a plot) in the larger project itself. Therefore ownership is implied. Just as there are tight restrictions on plagiarism. All this is to say, that it is exactly about which the blog refers. A bunch of lawyers arguing the finest points of linguistics (instead of intention)!! All the while making as much money off of the debate as possible!

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