As Mr. Bond himself would tell you, ‘there are some things that just aren’t done. Such as, drinking Dom Perignon ’53 above the temperature of 38 degrees.’ And Mr. Bond would likely agree that selling a complete James Bond movie box set that was not actually complete is probably worse than Dom Perignon with ice.
A recent class action lawsuit, filed by one woman who was upset that her complete James Bond movie box failed to include two classics, seeks to right the wrong that James himself would insist be righted. After all, when a person buys a box set of James Bond movies that purports to contain all James Bond movies, people expect every James Bond movie to be included.
Did MGM Get the Point?
While this case may seem pretty straightforward for consumers, MGM argued that the case should be dismissed before it has a chance to even get going. Essentially, MGM tried to convince the judge that the words “all” and “every” were not descriptive enough, and that because the packaging listed each movie that was included, consumers knew what they were buying.
However, under the Washington consumer protection statute that the case was filed under, the judge found that the case should be allowed to proceed. The opinion, which actually states that “the Court will ‘Live and Let Die,” did dismiss some claims, but also will allow the plaintiff to amend their complaint to make those claims fit within the legal standards.
Which Movies Were Not Included?
The two movies that MGM did not include with the box set were the 1967 classic Casino Royale, featuring David Nivens, and the 1983 classic Never Say Never Again, featuring Sean Connery. These two movies were actually owned by another studio for a period of time; however, MGM did later acquire the rights to these films as well.
Unfortunately, MGM likely won’t be stirred, as they will have another chance to get the case dismissed before it can move on. But based on this recent opinion, the plaintiff won’t be shaken, and it’s not looking good for MGM.
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