Seeing the free trial font is quite appropriate
Apply it to the packaging design of your own products
The product sold more than 500,000 pieces
As everyone knows
Each one sold
The degree of infringement will be increased by one point
Prosecuted for using registered copyright fonts on product packaging without permission
The mutton sold in a certain supermarket has a few round and cute Chinese characters on the outer packaging, but it caused a lawsuit between the supermarket and the mutton company.
Company A sued the People's Court of Siming District, Xiamen City, Fujian Province, claiming that font B was created by the company and first published in 2000, and the company obtained the copyright registration certificate in May 2008. The mutton company, without permission, used 8 Chinese characters in B font on the product packaging, and sold the product in supermarkets. For this reason, Company A requested the mutton company and the supermarket to stop the infringement immediately, and the mutton company should pay compensation.
The defendant Mutton Company proposed that Chinese characters are a tool for information exchange and should not be monopolized by anyone. The font itself should not be a work of art protected by the Copyright Law. It was downloaded from a third party for free trial when designing the package. font. In addition, consumers bought the products involved because of the popularity and quality of the products, not because of the fonts used on the outer packaging.
The operator of the other defendant supermarket stated that the source of the products sold was legal, and the contract signed with the supplier also stated that the supplier "sold the products and their packaging, labels, and the delivery and sales of the products were not in accordance with the law. Infringe the rights of any third party in any way, including but not limited to intellectual property rights", it is difficult for them to know that there may be infringements in the packaging. Moreover, after the dispute occurred, the store removed the product in time and sealed it up.
The court: the defendant constituted an infringement, please support the plaintiff
The People's Court of Siming District, Xiamen City, Fujian Province held that after hearing, Company A created the font B, registered its copyright with the National Copyright Administration, and enjoyed the copyright according to law.
The 8 Chinese characters used on the package of mutton products have the unique artistic features of the B font. Although the mutton company argues that it is a font library downloaded from a third party, it is clearly stated in the downloaded compressed package that "anything involving commercial profit purposes You are not allowed to use them, otherwise you will bear all the consequences.” The behavior of Mutton Company infringed Company A’s rights of reproduction and distribution of the eight words. The sales behavior of the supermarket also constitutes the distribution behavior in the sense of the "Copyright Law", which is an infringement of the copyright of Company A.
The court also found that the Mutton Company has sold products using infringing fonts in its online store since 2018, and the sales volume has exceeded 500,000 pieces. After the trial of this case, Mutton Company still sells products using this font in its online store, and has not paid the usage fee. The court held that the mutton company's infringement lasted for a long time, the circumstances were more serious, and the subjective malice was greater. On this basis, with reference to the market price authorized by Company A, Company A claimed compensation of 54,000 yuan for economic losses, which is well-founded in law.
In the end, the court ruled that the mutton company should immediately stop using the product packaging containing the B font, and the supermarket should immediately stop selling the corresponding products. Fees and attorney fees are more than 15,000 yuan.
Judge: Users should pay attention to font copyright
Although there are fixed writing standards for Chinese characters, the shapes, strokes, and structure collocations of characters can be presented in different styles, so there is a lot of room for creativity. Fonts can also become works of art and are protected by the Copyright Law. Unauthorized use of fonts presents a risk of copyright infringement. Many users have weak legal awareness and luckily use fonts to engage in commercial activities, resulting in many infringement lawsuits.
Users must inquire about the copyright of fonts before using them, pay attention to the free use statement of the font library manufacturer, and reduce the download of fonts from third parties. Even the fonts that come with office software and design software may not be commercially available. use.
In addition, when conducting commercial promotion or product rendering, choose to purchase fonts from regular font manufacturers. If there is infringement on corporate logos or commonly used commodity packaging, the impact on corporate brand image and daily operations will be more complicated, so don't lose too much because of small things.
Source of the article: Official account @Xiamen City Siming District Court
Image source: Visual China
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