Fonts, which are valuable commercial assets, are protected by intellectual property rights. As such, brand owners who use a specific font in their product packaging, on their website, or marketing materials may be at risk of infringement claims by the software developer or creative designer behind the font. This negates the notion that fonts, as part of the design, are merely aesthetic choices with no implications beyond visual appeal.
This has been the subject of recent litigation, demonstrating potential pitfalls for brand owners. Legal professionals, particularly those operating in the intellectual property sphere, would benefit from familiarizing themselves with these developments to better guide their corporate clients. In an analysis by Dyan Finguerra-DuCharme and Mallory Chandler of Pryor Cashman, the authors explored the legal history of fonts and highlighted recent court cases for brand owners to consider in order to avoid potential issues related to typeface.
Therefore, it is critical for companies and their legal advisers to approach the use of fonts in branding and marketing with a mindful strategy not only of aesthetics but, crucially, of intellectual property rights and potential legal repercussions as well.