Last Message: Typeface Trade mark permission. How to do it?
Next Message: Re: Typeface Trade mark permission. How to do it?
Date: 1998-11-13 05:40:26
From "Michel Bujardet "
Subject: Re: Typeface Trade mark permission. How to do it?
In a previous message, Ramón Abajo, from DownHill Fonts, asked about licensing a font from another company. Since my last reply, we had a private exchange of mail, where he gave me the exact name of the font, and the company that owns it, which are best kept confidential, and are not relevant to our discussion. His concern is mainly to offer a font with clear reference to a method, which is well known to his customer base. He feels the reference to that method in the name of his product would greatly help his business, but does not know how to approach the owner of the method, and the trademark. Here is the answer I made. It pertains to a topic often touched on in other forums : reference to other manufacturers names and production. For the sake of comprehension, I replaced the name of the original font and method by 'Zorro', and the company that produces it by 'Casa Vega'. ---------------------------------------- Dear Ramón, In a nutshell : if you create a font that is not called "Zorro", but something entirely different, like "Perrito", and then indicate it is based on the Zorro method in your documentation, you do not need to ask permission from Casa Vega. However, as you do refer to his method in your documentation, you want to put a disclaimer like : "Zorro is a registered trademark of Casa Vega, Inc." You may also want to use a disclaimer, such as the one used in store brand products. For instance, I have here a box of sleeping pills called 'Slumber Time', with the clear mention 'Compare to the active ingredient of maximum strengh Unisom Sleepgels'. Next to this phrase, is an, asterisk '*' It makes a clear reference to the product it is in competition with. On the back of the box, is the following disclaimer, referenced by the asterisk : * This product is not manufactured or distributed by Consumer Care Group, Pfizer Inc, distributor of Maximum Strenght Unsiom SleepGels®. Unisom SleepGels® is a registered trademark of Pfizer Inc. You can apply the same method, to create your font, inspired by, but not directly copied, and make direct reference to the original in the same way. Today's customers, especially teachers, are educated enough, to see the difference, and the similarities. We all buy store brands all the time, I have no doubt that this will occur for the fonts as well. The simple mention of the compatibility with the Zorro method should be just as efficient as your customers are concerned. ----------------------------------------- I feel what was discussed in our mail exchange is of interest to pretty much all font designers. Although we all have created original designs, it is inevitable at some point to make reference to other fonts. The approach taken by store brands is an excellent way of saying 'this is a comparable product', without infringing upon the rights of the owner of the original font. Of course, my point here is to discuss fonts that are original creations, and not outright ripp-offs of the font they are inspired from. I would be very interested to read what other lists members have come up with to say, for instance, 'This is my version of Avant Garde'. Michel Bujardet, Match Software http://www.matchfonts.com
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