One of my distributors licensed Brown Gothic™ to a customer, who now wants a refund as they thought they were buying Lineto’s Brown.
My original design, Brown™, was published in 2002, but the trademark was not registered. I doubt that would have made much difference to Cornel Windlin, whom I contacted in 2011 when he released LL Brown, as he declined to change the name, citing the fact that the types are quite different—one geometric the other grotesque—and Brown is a generic name. I decided not to pursue the matter legally, for various reasons.
My distributor asks if I’m OK with refunding the purchaser who made the mistake.
What would you do?