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Just wondering which foundry's digitisation of Akzidenz Grotesk you consider to be the best. Linotype or Berthold?
BJ Yes you can file suit without a trademark being registered however the burden of proof is on the person suing. If a trademark is registered then there is the presumption that the trademark is valid and the burden shifts to the defendant. Additionally if the infringement is intentional the plaintiff may be awarded attorneys fees and treble damages. You can find more information at the following URL http://www.uspto.gov/main/trademarks.htm It has a section on the basics of trademarks on the left Nigel Hamilton
Sorry BJ Here is a better link http://www.trademrk.com/Trademark.html What is important to consider is that in general typeface designs are not protected so the only protection is trademark and copyright. So just because the design is different you still need to avoid names that already exist. If Jamie had named the typeface (Omicron Delta) Omicron Univers, Omicron Rockwell he probably would have run into the same trouble. So if you "googled" delta/univers/rockwell and Omicron delta/univers/rockwell appeared prominently in the search results there is a potential problem. Do you think the following names infringe? Rocktus as opposed to Rockwell Bemtus as opposed to Bembo If your answer was no then you were wrong. This was a real case (Monotype vs URW) and Monotype won. Nigel Hamilton
Who are you, Nigel Hamilton? You sound like a defensive Berthold shill with an axe to grind.
>If your answer was no then you were wrong. >This was a real case (Monotype vs URW) and Monotype won. That's because the designs were knocked off too, so not only were the designs the same, they had sound-alike names too - which is all the ingedients you could possibly need for an infringement. If the designs had been completely different then the outcome may have been different too. You're also wrong that designs cannot be protected. Design can be protect in the US under design patent and throughout the EU and other countries by copyright and/or other forms of IP protection. Apart from that I agree with most of what you write. -- not a Berthold schill.