Corporate rip-off of my design
Jasper de Waard
Posts: 658
Hi everyone,
While in the UK recently, I came across a retailer with 100+ stores at prime locations that uses a poorly edited version of my Proza Display as their logo. A quick search showed that they also use it in some other contexts, but I'm not sure how extensively.
This is obviously a violation of my EULA, and in contrast to this hopeless case, I believe I am likely owed some money here. To be clear: this involves a different modification of my design (using a different weight of Proza Display).
I am unsure how to proceed. I have not contacted the retailer yet, as I am unsure what to tell them. Any advice would be greatly appreciated.
In particular, I'd like to know:
- Recommendations for more legally-oriented people to consult with
- How I can potentially estimate the damages this has cost me
- Whether it is a terrible idea to offer them my design services (for a good price + part of the damages) as a kind of settlement.
I'm not dragging their name through the mud here until I've spoken to them, in case anyone is wondering.
Thank you in advance!
Jasper
While in the UK recently, I came across a retailer with 100+ stores at prime locations that uses a poorly edited version of my Proza Display as their logo. A quick search showed that they also use it in some other contexts, but I'm not sure how extensively.
This is obviously a violation of my EULA, and in contrast to this hopeless case, I believe I am likely owed some money here. To be clear: this involves a different modification of my design (using a different weight of Proza Display).
I am unsure how to proceed. I have not contacted the retailer yet, as I am unsure what to tell them. Any advice would be greatly appreciated.
In particular, I'd like to know:
- Recommendations for more legally-oriented people to consult with
- How I can potentially estimate the damages this has cost me
- Whether it is a terrible idea to offer them my design services (for a good price + part of the damages) as a kind of settlement.
I'm not dragging their name through the mud here until I've spoken to them, in case anyone is wondering.
Thank you in advance!
Jasper
0
Comments
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Asenda Law is a UK firm with experience enforcing font EULAs. Two of their lawyers recently participated in an I Love Typography seminar on the subject, and they understand type and the font business. I would contact them and ask if they are able to provide some initial advice to help you understand what kind of settlement might be possible.3
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I'm not sure my story will help here, or is even relevant, but one of my fonts, created back in the early 2000s, has been widely distributed on pirate sites. And I realize there's nothing I can do about it. Of course, many people believe (perhaps not entirely sincerely) that the font is truly free and that they can use it in their designs royalty-free. But in these cases, I can do something about it—large companies have absolutely no interest in pirating anything. So when I see my font on yet another vodka label or candy wrapper, I write to the manufacturer, the manufacturer forwards me to a design agency, I name a price, they pay me, and everyone is happy.2
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Thank you @John Hudson, I'll get in touch with them.
@Dsche Yes that sounds sensible. In this case however I don't know whether they pirated my fonts (I would not be surprised), but they have clearly adapted the design for their own use without my consent which is the bigger problem.0
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