Font licensing violation, what's possible options for getting compensation?

Xiaoyuan · August 17

Hello typedrawers,

I'm new here, and today I just discovered my typeface commonSans is used by big stationary shop without any license purchased... [ here ]I have sent them an email and comment on instagram in a very respectful and friendly way, but they have been deleting my comments. So I'm here to ask what's your experience, tips in order to get financial compensations on this kind of things?

Thank you anyways!

John Hudson · August 17

The company appears to be based in South Africa. If you want to pursue this, you could engage a South African lawyer to send them a letter that requires them to either cease selling the items using your font, or to purchase an appropriate license (the lawyer may also suggest a penalty that would cover your legal expenses).

You could also have a lawyer in your own country send them such a letter, but the company is more likely to respond if the legal threat comes from within the jurisdiction where the violation occurred.

Sergio Ramírez · August 19

The Cotton On group is an Australian company – So I believe that's the right jurisdiction – and it's quite big. I'm surprised they're pulling this kind of stuff. Commenting on Instagram won't do much because it's probably managed by someone that has no clue. I'd recommend contacting the marketing team directly and gathering evidence of your font in use if you want to go the legal avenue.

David Sargent · August 20

Yeah, someone at Cotton On / Typo messed up. Those stores are everywhere so I imagine your typeface is featured on a lot of physical items.

Perhaps contact the Copyright Society of Australia [ https://copyright.asn.au/ ]. They might be able to put you in touch with a suitable person who can represent you. You can also look through their committee to find firms who specialise in copyright and intellectual property.

Arts Law [ https://www.artslaw.com.au/ ] might also help, although they usually only work with Australian creatives.

Paul Hanslow · August 20

Australian here! Cotton On has been in trouble before with copyright infringement and IIRC it featured on the news. They are a pretty large company, with multiple store fronts, so this isn't a small fish situation.

David Sargent · August 23

Snapped a photo for you (Brisbane, Australia)

Xiaoyuan · August 24

Thank you so much, David!

David Sargent said:

Snapped a photo for you (Brisbane, Australia)

Xiaoyuan · August 24

Thank you all for the suggestions! I really appreciate it! it’s almost two weeks since I have sent them an email for checking with licensing and compensation, so far no reply at all. I’m going to contact a law firm in Australia and see what’s the possible procedures and cost for pursuing this.

SCarewe · August 24

Did you write in your email that you would pursue legal action? Often, a concrete legal threat gets a response in some form. That might be worth a shot as an ultimatum, but you'll probably want to pursue this with a legal firm anyway.

Good luck, and please keep us updated in any case!

Font licensing violation, what's possible options for getting compensation?

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