## Facts

- Metro-Goldwyn-Mayer, Inc. and Danjaq, Inc. owned copyrights in sixteen James Bond films and asserted exclusive rights in the James Bond character as developed in those films.
- American Honda Motor Co., Inc. and its advertising agency produced and broadcast a television commercial (“Escape”) for the Honda del Sol.
- The commercial depicted a stylish couple in a sports car pursued by a high-tech helicopter; a villain with metal-encased arms landed on the car roof; the male driver flirted with his companion and released the removable roof to eject the villain and escape.
- During development, the commercial project used the working title “James Bob,” understood internally as a pun on “James Bond.”
- Defendants claimed any similarities were attributable to non-protectable action-genre elements and asserted independent inspiration (including a film sequence involving ejecting an antagonist into space).
- Plaintiffs sought a preliminary injunction halting further exhibition of the commercial; defendants sought summary judgment.

## Issues

1. Whether the James Bond character, as depicted across the films, is sufficiently delineated to qualify for copyright protection.
2. Whether the commercial was substantially similar to protected expression from the Bond films and/or protected aspects of the Bond character, as opposed to unprotectable ideas or scènes à faire.
3. Whether defendants were likely to prevail on a fair use defense under 17 U.S.C. § 107, including whether the commercial was a parody.
4. Whether plaintiffs satisfied the requirements for preliminary injunctive relief, including likelihood of success and irreparable harm.

## Decision

- The court granted plaintiffs’ motion for a preliminary injunction and denied defendants’ motion for summary judgment.
- The court held that the James Bond character, as expressed in the films through recurring traits and audiovisual attributes, was copyrightable.
- The court found plaintiffs demonstrated a likelihood of success on infringement based on substantial similarity to protectable Bond expression, including the commercial’s overall “concept and feel,” reinforced by evidence such as the “James Bob” working title.
- The court found defendants’ fair use/parody defense unlikely to succeed at this stage because the use was commercial advertising and did not target the Bond works for parody.
- The court found a likelihood of irreparable harm to plaintiffs’ goodwill and licensing market if the commercial continued to air.
- The injunction barred further display or exhibition of the challenged commercial pending litigation, conditioned on plaintiffs posting a $6,000,000 bond.

## Legal Principles

- A fictional character may be protected by copyright when it is sufficiently distinctive and consistently delineated through expressive traits and audiovisual presentation across works.
- Infringement may be shown where protected expressive elements, including overall “concept and feel,” are substantially appropriated, not merely general ideas or stock genre components.
- Fair use under 17 U.S.C. § 107 is disfavored where a use is purely commercial advertising and is not a true parody of the copyrighted work; brevity does not excuse taking protected “heart” elements.
- Likely market harm includes impairment of licensing value and brand association, especially when unauthorized use risks diminishing the character’s appeal to existing or potential licensees.
- Preliminary injunctive relief is appropriate where the plaintiff shows likelihood of success on the merits and likely irreparable injury that is not adequately remedied by damages.

## Conclusion

The court enjoined further broadcast of Honda’s “Escape” commercial after finding James Bond to be a copyrightable film character, plaintiffs likely to prove substantial similarity and infringement, defendants unlikely to establish fair use or parody in a commercial advertisement, and continued airing likely to cause irreparable harm to the Bond licensing market and goodwill.


Metro-Goldwyn-Mayer, Inc. v. Am. Honda Motor Co., 900 F. Supp. 1287 (C.D. Cal. 1995)