Danjaq LLC v. Sony Corp.
Opinion
Lead Opinion
McKeown, J.
“We have all the time in the world.”
—Epitaph for Mrs. Bond in For Your Eyes Only (Danjaq Productions 1981)
Every so often, the law shakes off its cobwebs to produce a story far too improbable even for the silver screen — too fabulous even for the world of Agent 007. This is one of those occasions, for the case before us has it all. A hero, seeking to redeem his stolen fortune. The villainous organization that stands in his way. Mystery! International intrigue! And now, not least of all, the dusty corners of the ancient law of equity.
More specifically, this case arises out of an almost forty-year dispute over the parentage and ownership of a cultural phenomenon: Bond. James Bond. 1 We are confronted with two competing narratives, with little in common but their endpoint. All agree that James Bond' — the roguish British secret agent known for martinis (shaken, not stirred), 2 narrow escapes, 3 and a fondness for fetching paramours with risque sobriquets 4 — is one of the great commercial successes of the modern cinema. The parties dispute, however, the source from which Agent 007 sprang.
Appellees Danjaq LLC and a handful of other companies or partnerships that are in the…