Research pick: Double-oh yes! - "The registration of an iconic movie theme as a trade mark: only ‘diamonds are forever’"

The year 2022 saw the death of composer Monty Norman, perhaps best known for the iconic James Bond theme. 2022 also marked the 60th anniversary of the James Bond film franchise itself with Dr No being the first in a long list of films to use Norman’s psychedelic big band sound with the twangy guitar. That same year also saw a legal precedent being set by the European Union Intellectual Property Office (EUIPO) in the world of trademarks. US company Danjaq LLC which holds the copyright for the James Bond film franchise successful registered a segment of the James Bond theme as a trademark.

This trademark decision reflects the evolving nature of intellectual property protection, especially concerning audio branding in the film industry. By securing a trademark for this well-known portion of the original James Bond theme, Danjaq LLC, has shown just how important music and sounds can be for branding.

Writing in the International Journal of Intellectual Property Management, Alexandros Antoniou of Essex Law School at the University of Essex in Colchester, UK discusses the intricacies of trademark law and how this particular case played out, legally speaking. He points out that for a sound to qualify as a trademark, it must be distinctive enough that the average consumer associates it exclusively with a particular source. Common sounds, such as the two-tone chime of a doorbell or the sound of a cuckoo clock, usually do not reach this legal threshold and so cannot be trademarked. Conversely, aural themes that much longer are usually protected by copyright as creative works. The familiar snippet of the James Bond theme associated with the fictional spy with the licence to kill is recognised around the world and has a strong association with the film franchise. It is sufficiently long as to be non-trivial and short enough to meet the criteria of a sonic trademark.

Of course, a creative work, even rendered as a snippet, is also covered by copyright law so that nobody can use said work without the appropriate permissions from the holder of the copyright. The dual protection of the James Bond theme through both copyright and trademark law gives the owners of this intellectual property even greater advantages. Copyright protects the original creative work, granting exclusive rights to the creator for a limited period—the creator’s life plus 70 years. The trademark protection can be renewed indefinitely, potentially allowing perpetual control over this musical snippet. The owner’s of the film franchise can therefore safeguard their sonic identity against unauthorized use and exploit it for profit or other ends almost in perpetuity with legal protection with a view to making a killing. The legal spectre suggests that it’s not only diamonds that are forever, after all.

However, adds Antoniou, the overlap of trademark and copyright protections raises important questions about the balance between protecting intellectual property and fostering cultural innovation. Copyright law aims to promote creativity by eventually releasing works into the public domain, while trademark law can extend protection indefinitely, potentially limiting access to cultural works. The legal decision regarding the James Bond theme highlights the need for careful regulation to prevent the abuse of trademark rights, ensuring they do not stifle creativity and innovation.

Antoniou, A. (2024) ‘The registration of an iconic movie theme as a trade mark: only ‘diamonds are forever’’, Int. J. Intellectual Property Management, Vol. 14, No. 3, pp.300–308.