"Always shaken, never stirred." MGM claimed that a pending Universal project was a knockoff of the James Bond franchise.

MGM and Universal settle James Bond lawsuit out of court

January 16, 2015 1:51 pm Published by Leave your thoughts

MGM has dropped its lawsuit against Universal, which alleged that the studio's upcoming movie "Section 6" infringes on the James Bond franchise's copyright. The terms of the settlement were not disclosed. 

MGM initially filed the suit against Universal last April. Had the two parties not resolved their dispute out of court, the case was set to go to trial in 2016. 

"This lawsuit concerns a motion picture project, in active development, featuring a daring, tuxedo-clad British secret agent, employed by 'His Majesty's Secret Service,' with a 'license to kill,' and a 00 secret agent number on a mission to save England from the diabolical plot of a megalomanical villain," the lawsuit read. "Most moviegoers would assume from that description alone that this lawsuit concerns the next James Bond picture. It does not."

Universal asked U.S. District Judge James Otero to dismiss the lawsuit last September, but the judge declined, saying the similarities between the projects were similar enough to warrant the complaint. In particular, he mentioned a moment of dialogue in "Section 6" in which the lead character introduces himself by saying, "Duncan. Alec Duncan." MGM claimed this was an attempt to capitalize on the famous line, "Bond. James Bond." 

It's worth noting that the dismissal of the case was without prejudice, which means that similar charges could be filed again in the future. Some observers have speculated that the terms of the settlement may have included specific terms for what "Section 6" writers and producers are and are not allowed to include in the final production. Variety reports that the project is slated to move forward. 

If you are involved in an industry that deals with copyrighted material in any capacity, it is essential that you work with a reputable, experienced business attorney who can defend your intellectual property and ensure that you are not opening yourself up to unexpected litigation. 

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