Font Maker, HypeForType, is suing Universal Music Group for the use of its “Nanami Rounded” and “Ebisu Bold” fonts on the logo of pop rocl band, the Vamps.
HypeForType is claiming that no proper license was given for use of the font therefore the used fonts are pirated and won’t be allowed. According to them, Universal didn’t have the right licence to legally use the font software for creation of the band’s logo.
The complaint filed in a New York Court states that the designer, Stuart Hardie, failed to purchase the additional and required license upgrade to use the Nanami Rounded or Ebisu Bold Font Software on a commercial scale although he purchased a basic license in 2013.
“Plaintiff requires a license upgrade (“Special Font License”) for use of its typeface font software in commercial, for-profit usage including, inter alia, on goods for sale.
Upon information and belief, Plaintiff’s records show that a designer for Defendant, Stuart Hardie (“Hardie”), purchased a basic license for the Ebisu Bold font software on March 28, 2013 and April 22, 2013.
A showing of Hardie’s basic license purchases is attached hereto as Exhibit D.
Upon information and belief, Hardie was commissioned by Defendant to provide graphic design services for several of The Vamps merchandise, showings of which are annexed hereto as Exhibit E”
HypeForType says that unauthorized use of its font has caused the company significant damages, which it wants to recoup. In addition, the font maker claims any gains and profits Universal made using its fonts. The company is therefore requesting $1.25 million for damages.
“At present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by Plaintiff but are believed to be not less than $1,251,235 together with
prejudgment interest and reasonable costs and fees or Statutory Damages under Copyright Law, whichever is greater.”
A copy of HypeForType’s complaint is available here (pdf).