Mattel, Inc. and Linotype Library reach settlement over UK copyright claim – September 21, 1999

London, 21st of September 1999:

Mattel, Inc. (Mattel) and Linotype Library have agreed an out-of-court settlement over the claim that Mattel’s subsidiary, Mindscape, is infringing various Linotype copyrights in the UK. Linotype Library brought its High Court action against Mindscape in April based on three typeface fonts which were included in the popular home publishing product, PrintMaster Publishing Suite 7.0.

As well as agreeing to pay Linotype an undisclosed sum in damages and legal costs, Mattel agreed to remove the fonts from current and future versions of PrintMaster Publishing Suite with immediate effect. Further Mattel, which numbers among its subsidiaries Broderbund and SoftKey, agreed to work directly with Linotype Library to identify any fonts across its product line which infringe Linotype Library’s UK copyrights and trade marks and, if found, to guarantee their immediate removal from the products.

Notes to Editors:
Long felt to be out of reach of copyright protection in some of the world’s major markets, such as the US, fonts have been treated as "fair game" by certain individuals and companies. Typically they make wholesale copies of typefaces from many different sources, a simple process in today’s digital graphics environment, often by changing the names of the fonts in an attempt to avoid trade mark infringement, and then by licensing these font collections at a fraction of the professional market rate to reputable publishers such as Mattel.

However, Linotype Library was advised by its English solicitors, Hewitson Becke + Shaw that the copyright in its fonts is protected under English law by The Copyright, Designs and Patents Act 1988 and fully intends to assert its rights wherever necessary, given the importance of the UK market to publishers of software products.

Bruno Steinert, General Manager of Linotype Library stated: "I am extremely pleased that we have managed to reach a settlement with Mattel over this vital issue and particularly since it includes an ongoing commitment of co-operation on both sides to ensure that all Mattel products remain clean of fonts which infringe our copyright here in the UK. As far as I am concerned, this is a landmark settlement, and one which should be carefully regarded by publishers who wittingly or unwittingly include infringing versions of Linotype Library’s fonts in their products. Selling our products without a licence, especially in the consumer environment, undermines the outstanding reputation which this foundry has built over many decades, takes royalties away from our talented designers and eventually will erode the very foundations of the type design industry."

Linotype Library’s copyright claim was based on three of its fonts:
INSIGNIA™ and INDUSTRIA™ designed by the prominent British designer Neville Brody, and DUC DE BERRY™, designed by German typographer Gottfried Pott. The exclusive rights in all three fonts belong to Linotype Library and its parent, Heidelberger Druckmaschinen A.G.

Linotype GmbH – a subsidiary of the Heidelberg Group – offers one of the largest font libraries of original-cut typefaces using today’s state of the art technology.
To date there are more than 4700 PostScript and TrueType fonts available for Mac and PC and the Linotype FontExplorer, on CD or on the Internet, makes them accessible anytime, anywhere.