A potential problem is proving an alleged infringer used the software to create a misappropriated font, rather than just tracing it or coming to a similar font by coincidence. Many font softwares come with licensing terms that restrict use. STORY: NBC Universal Accused of Million-Dollar ‘Harry Potter’ Font TheftĪs we’ve noted before, fonts can’t be copyrighted, but software can be. The $3.5 million damages calculation is the result of multiplying 20,000 by the $175 cost of purchasing the CHALET software. The complaint says that “approximately 20,000 unauthorized and infringing downloads of plaintiff’s copyrighted CHALET typeface font software has occurred via the website.” This purportedly violates licensing terms on modification.

In addition, NBCU is accused of using a free font software conversion utility offered by an organization called Font Squirrel to convert and alter the typeface font into a format suitable so that it could be embedded onto Internet websites.

In the latest lawsuit, Brand Design alleges that its records show NBCU subsidiary Oxygen Media purchased a “basic, 36 workstation (users) license to use the CHALET typeface font software.”īut the plaintiff says the licensing agreement did not permit the use of copyrighted font software on NBCU’s websites. But some companies like NBCU keep getting hit again and again in lieu of testing the plaintiff’s copyright claims in court. The deals could mean that Martinez is making multi-million dollar claims but extracting much less via settlement as defendants weigh the cost of litigation versus ponying up a few bucks to make the nuissance go away.

Martinez has not only come to resolution in claims made against CNBC, Universal Studios, and TNT, but also avoided litigation after sending cease-and-desist letters to other targets, including mega-selling recording acts who allegedly were less-than-careful about crafting the lettering on their album cover art. In the past, all of the font theft lawsuits have settled.

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