Corporate rip-off of my design

Jasper de Waard
Jasper de Waard Posts: 658
in Type Business
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


Comments

  • John Hudson
    John Hudson Posts: 3,723
    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.
  • Dsche
    Dsche Posts: 9
    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.
  • Jasper de Waard
    Jasper de Waard Posts: 658
    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.

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