Germany's Federal Court of Justice (BGH) is currently deliberating whether companies can legally use the "Miss Moneypenny" name from the James Bond franchise to market secretarial and assistant services. The case, which reached the country's highest civil court on Thursday, examines whether the fictional character has achieved sufficient independent recognition to warrant trademark protection beyond the film series.
The legal dispute pits Amazon, which now holds the rights to the James Bond franchise, against a German company operating under the names "Moneypenny" and "My Moneypenny." The German firm offers personal assistant services through a franchise system, while Amazon argues that the character's name deserves protection against commercial use without authorization. Previous rulings from Hamburg courts have sided with the German company, finding that Miss Moneypenny lacks the distinct individuality required for trademark protection.
Presiding Judge Thomas Koch described the case as "interesting but not entirely straightforward" during proceedings in Karlsruhe. Central to the court's consideration is whether Miss Moneypenny has developed an identity separable from the James Bond universe. Lower courts have determined that while film characters can theoretically receive trademark protection, Miss Moneypenny hasn't achieved the necessary standalone recognition, either visually or characteristically, to qualify.
The BGH has reserved its judgment for a later date, leaving both parties awaiting a final determination on this intellectual property dispute. The outcome could set important precedent for how fictional characters are treated under German trademark law, particularly those from long-running franchises like James Bond, where Miss Moneypenny has appeared in 23 of the series' 25 films.
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