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Germany's Top Court Weighs Title Protection for Bond's 'Miss Moneypenny'

The case could set the bar for protecting character names after lower courts refused cover for lack of distinct identity.

Overview

  • The Federal Court of Justice's First Civil Senate is hearing the case in Karlsruhe on Thursday at 9:00 CET, and a same-day ruling is considered unlikely.
  • Amazon has taken over the Bond film rights at issue and is pursuing the appeal as the new rights holder.
  • The defendant promotes personal-assistant services under the names "Moneypenny" and "My Moneypenny," runs a franchise model, uses the term in multiple domains, and holds a word mark.
  • Lower courts in Hamburg denied Werktitelschutz for "Miss Moneypenny," citing insufficient individuality, no independent recognition outside the Bond series, and no consistent visual portrayal across actresses.
  • The BGH is examining the legal threshold for granting title-like protection to characters beyond a work's title, an area where figures like Pippi Longstocking and Obelix have been recognized.