I wonder if they'll ever use it, to introduce a certain other character ? We might
Know the name from the novel but the average cinema goer wouldn't. So could
Give a nice surprise ! -{ )
" Good evening Dr Shatterhand "
"I've been informed that there ARE a couple of QAnon supporters who are fairly regular posters in AJB."
I wonder if they'll ever use it, to introduce a certain other character ? We might
Know the name from the novel but the average cinema goer wouldn't. So could
Give a nice surprise ! -{ )
" Good evening Dr Shatterhand "
I agree. I think the title sounds so "Bondian" and it would resonate with the general public, whether or not they are familiar with the name from the novel.
I've always liked that one myself; as well as a chapter title from DAF, "Death Is So Permanent" (even though it's got the overused D-word in it) and the motto of Casino Royale: "A Whisper of Love, A Whisper of Hate."
the motto of Casino Royale: "A Whisper of Love, A Whisper of Hate."
I think that might be a bit too long for a Bond film title, which are usually short and sharp, ranging from one to six words. Perhaps shortening that to simply "A Whisper of Hate" might work. "A Whisper of Love" sounds too much like a love story for the uninitiated.
the motto of Casino Royale: "A Whisper of Love, A Whisper of Hate."
I think that might be a bit too long for a Bond film title, which are usually short and sharp, ranging from one to six words. Perhaps shortening that to simply "A Whisper of Hate" might work. "A Whisper of Love" sounds too much like a love story for the uninitiated.
Indeed, it's long, but I like the love/hate parallel--plus, it's very Flemingesque!
So no problem with Fleming using the name Dr. Shatterhand in You Only Live Twice?
I can't give you a proper reply on that.
My guess would be that the time that YOLT has been published was different than today.
Ian Flemings book may have been even unnoticed by the powers who owned Karl Mays rights back then.
But if an international super- franchise would use a main character from a Karl May novel today , we'd certainly see some court trials.
President of the 'Misty Eyes Club'.
Dalton - the weak and weepy Bond!
Sir MilesThe Wrong Side Of The WardrobePosts: 27,754Chief of Staff
But if an international super- franchise would use a main character from a Karl May novel today , we'd certainly see some court trials.
But it's NOT the same character, and already established in Bond...I don't doubt they would try and sue and for that reason Eon probably would leave it - but then whosoever owns the May rights might be be glad of the publicity !
Shatterhand is a character in Classic Western here in parts of Europe, the term may be even protected as an invention of the author Karl May.
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
Shatterhand is a character in Classic Western here in parts of Europe, the term may be even protected as an invention of the author Karl May.
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
Although I doubt the last sentence - using "James Bond" being perfectly permissible - it has nothing to do with what Higgins means. "Shatterhand" is a household name for half a billion people who connect this name with the Winnetou films of the 1960's.
That's Shatterhand, Lex Barker of Tarzan fame, not some guy from one single Fleming book - at least in the mind of half of Europe. Not only Germany but also France (where the main actor, Pierre Brice, is from), Italy, Austria, Switzerland, southern and central eastern Europe where these Karl May films are constantly rerun on TV. That's reason enough that a Bond film named "Shatterhand" won't happen - I think the name will not even be used for a minor role.
Shatterhand is a character in Classic Western here in parts of Europe, the term may be even protected as an invention of the author Karl May.
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
You are correct in that character names are not protected by copyright. But they are protected by trade mark rights. You will not be able to name a character James Bond without arousing the ire of Danjaq, being the owners of the trade mark "James Bond" and other associated trade marks, who may potentially take action against you for trade mark infringement.
Incidentally, calling the film "Shatterhand" may also fall foul of the following trade mark:
Class 41: Education; Providing of training; Entertainment; Sporting and cultural activities; Circuses; Dubbing; Correspondence courses; Nursery schools; Discotheque services; Theatre productions; Animal training; Electronic desktop publishing; Entertainer services; Film production, other than advertising films; Movie studios; Cinema presentations; Photography;.... Publishing of books and publications, film production.
Shatterhand is a character in Classic Western here in parts of Europe, the term may be even protected as an invention of the author Karl May.
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
You are correct in that character names are not protected by copyright. But they are protected by trade mark rights. You will not be able to name a character James Bond without arousing the ire of Danjaq, being the owners of the trade mark "James Bond" and other associated trade marks, who may potentially take action against you for trade mark infringement.
Incidentally, calling the film "Shatterhand" may also fall foul of the following trade mark:
Class 41: Education; Providing of training; Entertainment; Sporting and cultural activities; Circuses; Dubbing; Correspondence courses; Nursery schools; Discotheque services; Theatre productions; Animal training; Electronic desktop publishing; Entertainer services; Film production, other than advertising films; Movie studios; Cinema presentations; Photography;.... Publishing of books and publications, film production.
To constitute trademark infringement the product or service must be "confusingly similar." Hence, if I marketed a spy movie with a dashing handsome spy named James Bond I would be liable because my product is "confusingly similar" to EON's mark. OTOH if I marketed a movie about a meek, mild accountant with coke bottle glasses named James Bond and how he finds love with a blind shop girl I wouldn't have a problem with EON (although I might with Charlie Chaplin's Estate).
That's why Fleming could name an international supervillain "Shatterhand" as he would be unlikely to be confused with a Native American.
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
You are correct in that character names are not protected by copyright. But they are protected by trade mark rights. You will not be able to name a character James Bond without arousing the ire of Danjaq, being the owners of the trade mark "James Bond" and other associated trade marks, who may potentially take action against you for trade mark infringement.
Incidentally, calling the film "Shatterhand" may also fall foul of the following trade mark:
Class 41: Education; Providing of training; Entertainment; Sporting and cultural activities; Circuses; Dubbing; Correspondence courses; Nursery schools; Discotheque services; Theatre productions; Animal training; Electronic desktop publishing; Entertainer services; Film production, other than advertising films; Movie studios; Cinema presentations; Photography;.... Publishing of books and publications, film production.
To constitute trademark infringement the product or service must be "confusingly similar." Hence, if I marketed a spy movie with a dashing handsome spy named James Bond I would be liable because my product is "confusingly similar" to EON's mark. OTOH if I marketed a movie about a meek, mild accountant with coke bottle glasses named James Bond and how he finds love with a blind shop girl I wouldn't have a problem with EON (although I might with Charlie Chaplin's Estate).
Not quite.
To constitute trade mark infringement, the trade mark itself must be either deceptively similar or substantially identical, and used with respect to the same or similar goods and services in which the trade mark is registered.
Printed matter, books, brochures, magazines, comic books, comic strips, printed publications, booklets, catalogues, newsletters, pamphlets, periodicals, scrapbooks, all related to novels concerning the literary character James Bond.
As one of the trade marks for the name "James Bond" is registered in class 16 with respect to books, I doubt very much you will get away with publishing any material having a character with the name of James Bond.
In any event, even if they are unsuccessful in an action for trade mark infringement, they would still be able to take action for passing off.
Look at the part you bolded. It refers to "the literary character James Bond." My hypothetical meek mannered accountant named James Bond not only is not the literary character James Bond but bares no resemblance to the literary character named James Bond. Thus, no infringement.
But if an international super- franchise would use a main character from a Karl May novel today , we'd certainly see some court trials.
But it's NOT the same character, and already established in Bond...I don't doubt they would try and sue and for that reason Eon probably would leave it - but then whosoever owns the May rights might be be glad of the publicity !
It may fly, if one of the characters may be called Shatterhand.
But calling a movie "Shatterhand" would be similar to if a movie production created a figure "James Bond" with different attributes than 007 but named the movie "James Bond".
EON would be all over them.
President of the 'Misty Eyes Club'.
Dalton - the weak and weepy Bond!
Comments
I like Risico a lot! -{
The name but the "O" as the radiation symbol, looked very impressive. -{
Know the name from the novel but the average cinema goer wouldn't. So could
Give a nice surprise ! -{
" Good evening Dr Shatterhand "
I agree. I think the title sounds so "Bondian" and it would resonate with the general public, whether or not they are familiar with the name from the novel.
I've always liked that one myself; as well as a chapter title from DAF, "Death Is So Permanent" (even though it's got the overused D-word in it) and the motto of Casino Royale: "A Whisper of Love, A Whisper of Hate."
I think that might be a bit too long for a Bond film title, which are usually short and sharp, ranging from one to six words. Perhaps shortening that to simply "A Whisper of Hate" might work. "A Whisper of Love" sounds too much like a love story for the uninitiated.
1 - Moore, 2 - Dalton, 3 - Craig, 4 - Connery, 5 - Brosnan, 6 - Lazenby
A Whisper of Hate
Shatterhand
The Property of a Lady
Risico
..... all very good titles! :007)
Indeed, it's long, but I like the love/hate parallel--plus, it's very Flemingesque!
Don't think that it will happen.
Shatterhand is a character in Classic Western here in parts of Europe, the term may be even protected as an invention of the author Karl May.
Dalton - the weak and weepy Bond!
Dalton - the weak and weepy Bond!
Thanks for educating me, Higgins. I wasn't aware of that. Pity.
I grew up with the adventures of Winnetou and his blood- brother Old Shatterhand.
Can't imagine to find the name in a Bond movie.
Dalton - the weak and weepy Bond!
So no problem with Fleming using the name Dr. Shatterhand in You Only Live Twice?
I can't give you a proper reply on that.
My guess would be that the time that YOLT has been published was different than today.
Ian Flemings book may have been even unnoticed by the powers who owned Karl Mays rights back then.
But if an international super- franchise would use a main character from a Karl May novel today , we'd certainly see some court trials.
Dalton - the weak and weepy Bond!
But it's NOT the same character, and already established in Bond...I don't doubt they would try and sue and for that reason Eon probably would leave it - but then whosoever owns the May rights might be be glad of the publicity !
The character Shatterhand may be protected by copyright, but the name "Shatterhand" is not protected, just as book titles are not protected by copyright. If character names were subject to copyright, there would be very few left.
For example, I could name a character James Bond and if he were a meek, mild accountant with coke-bottle glasses and everybody made fun of him because of his name, that would be perfectly permissible.
That's Shatterhand, Lex Barker of Tarzan fame, not some guy from one single Fleming book - at least in the mind of half of Europe. Not only Germany but also France (where the main actor, Pierre Brice, is from), Italy, Austria, Switzerland, southern and central eastern Europe where these Karl May films are constantly rerun on TV. That's reason enough that a Bond film named "Shatterhand" won't happen - I think the name will not even be used for a minor role.
You are correct in that character names are not protected by copyright. But they are protected by trade mark rights. You will not be able to name a character James Bond without arousing the ire of Danjaq, being the owners of the trade mark "James Bond" and other associated trade marks, who may potentially take action against you for trade mark infringement.
Incidentally, calling the film "Shatterhand" may also fall foul of the following trade mark:
http://www.ipo.gov.uk/tmcase/Results/4/EU012206884
( "The Rajah‘s Emerald" )
To constitute trademark infringement the product or service must be "confusingly similar." Hence, if I marketed a spy movie with a dashing handsome spy named James Bond I would be liable because my product is "confusingly similar" to EON's mark. OTOH if I marketed a movie about a meek, mild accountant with coke bottle glasses named James Bond and how he finds love with a blind shop girl I wouldn't have a problem with EON (although I might with Charlie Chaplin's Estate).
That's why Fleming could name an international supervillain "Shatterhand" as he would be unlikely to be confused with a Native American.
Not quite.
To constitute trade mark infringement, the trade mark itself must be either deceptively similar or substantially identical, and used with respect to the same or similar goods and services in which the trade mark is registered.
http://www.ipo.gov.uk/tmcase/Results/4/EU001205137
As one of the trade marks for the name "James Bond" is registered in class 16 with respect to books, I doubt very much you will get away with publishing any material having a character with the name of James Bond.
In any event, even if they are unsuccessful in an action for trade mark infringement, they would still be able to take action for passing off.
It may fly, if one of the characters may be called Shatterhand.
But calling a movie "Shatterhand" would be similar to if a movie production created a figure "James Bond" with different attributes than 007 but named the movie "James Bond".
EON would be all over them.
Dalton - the weak and weepy Bond!
Yeah, make a romantic comedy and name it "James Bond" and go figure......
Dalton - the weak and weepy Bond!