Dispute over foundry naming
Raphaël Ronot
Posts: 33
Hello everyone,
I had this “aha moment” looking at my social media handle recently: the word Ronotypo has a lot in common with Monotype. Same sequence of letters, except for the first and last one.
If I were to launch a type foundry under this name, what is the probability that Monotype could enter a legal dispute on the grounds that it is too similar to theirs?
Maybe it's a dumb question, but better ask now than regret some day.
Thanks in advance!
I had this “aha moment” looking at my social media handle recently: the word Ronotypo has a lot in common with Monotype. Same sequence of letters, except for the first and last one.
If I were to launch a type foundry under this name, what is the probability that Monotype could enter a legal dispute on the grounds that it is too similar to theirs?
Maybe it's a dumb question, but better ask now than regret some day.
Thanks in advance!
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Comments
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Not likely.
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I'm planning to launch Nonotype, a foundry headquarted in Córdoba. Hope that's okay with them.0
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Rafael Saraiva said:I'm planning to launch Nonotype, a foundry headquarted in Córdoba. Hope that's okay with them.
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As a non-lawyer, my understanding is that trademark disputes are always on the grounds of customer confusion. If your name can be confused with theirs then I think that there's a chance they might think they have what attorneys call "a colorable argument". The best person to ask would be a trademark lawyer.8
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Thanks to all for the insights!
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That one might get their attention because it can sound like their name if one isn't paying close attention.
I know. I was joking 🤡
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George Thomas said:Rafael Saraiva said:I'm planning to launch Nonotype, a foundry headquarted in Córdoba. Hope that's okay with them.1
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I would never make associations between a name like "Ronotypo" and "Monotype". Besides, "Mono-” as a prefix has a clear meaning, "Ronotypo" sounds more like the average company name where a fantasy name, or the owner’s name is associated with "typography". To me it’s a nonexistent issue/worry.1
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@Raphaël Ronot: P.S. Congratulations for Minipax. Some very nice solutions, there are a few letters I’d have changed and/or offered alternate solutions for, but I like it. :-)1
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Since my fonts are mostly aimed at Moped Touring Groups, I'd thought of starting a foundry called MopoTure. Of course, since I plan on incorporating in Bulgaria, this will be written as "МопоТуре". The astute among you will note the leading left-to-right mark which I view as an integral part of the name. Surely this should be enough to prevent allegations of trademark infringement.2
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My company name is “Durotype”. I just found out, when searching for “Durotype” on MyFonts—that not only Durotype fonts appear, but also fonts from “Surotype”. Surotype is a foundry from Indonesia. Only the first letter of their name is different.
I don’t think legal action would be a smart option, because of potential costs and a far away jurisdiction. What would be the smartest thing to do? Ask MyFonts to ban them from MyFonts unless they change their name? Ask them politely themselves to change their name?
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@Ben Blom The problem there isn't Surotype, the problem is MyFonts wanting to sell by any means necessary... Note BTW that "S" and "D" are next to each other on the keyboard, so auto-"correct" might be playing a role here.1
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@Hrant H. Papazian I don’t believe there are any questionable intentions on the part of MyFonts. I guess they just didn’t notice.
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@Ben Blom Probably not intentionally, but putting too much faith in automation's ability to increase sales is still a conscious decision...1
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Fuzzy selling.0
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Its better to play safe. Renaming a foundry once you have launched will be a pain in the ass. Imagine you have to rename you foundry 2 or 3 years after launching. Would you really like to take that risk? More convenient to think of a less generic name. It will also be better for business since you will me more memorable.2
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