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Tonight on Chewing the Cud: We’re being sued over typefaces!


Welcome to tonight’s episode of Chewing the Cud! I’m your host, Mike Howe.

Tonight we’re going to meet a man who is suing Howe TV because he claims that a typeface which he created was illegally used on a past episode of our show. the typeface appeared in a screenshot from a 3-second snippet during our segment on cyber-safety.

This man is suing us for $10 million! You can’t get blood from a stone, but does his lawsuit even have any merit? Let’s take a look at the trough!


Typography is a tough career when it comes to making sure that you get paid your fairshare for your work in designing letters and numbers. United States copyright law allows people to copyright the font files that we use on our computers but claiming legal ownership of letter and number designs as they appear in typefaces is next to impossible.

AT THE TROUGH Typographers can trademark the typeface names and copyright the font files, but sadly little more can legally be done with respect to letter shapes.

Tonight we’re going to be joined by Phil Jenkins, a semi-professional typographer who claims that he saw an image of a computer screen in a past episode of Chewing the Cud. On that screen, he says, was his typeface he calls “Phil’s Marker Standard 420.”

Mr. Jenkins claims that he owns the shape of his letters and that we infringed on his rights by showing a 3second image of a computer screen with the typeface on it. Let’s get to the bottom of this.


Thanks for having me, Mike.

Mr. Jenkins, thanks for coming on tonight.

SAID IT SHOULDNʼT MATTER IF HEʼS REALLY THAT SMALL ★HOWE TV★ PRESIDENT OBAMA S

Mr. Jenkins, you claim that our image infringed on your ownership rights of the typeface known as “Phil’s marker standard 420.”

That’s correct. I made that typeface a year ago and I didn’t give Howe TV permission to film its shape.

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But Mr. Jenkins, you’re aware that we were using an image of the computer screen and not the typeface per se?

Don’t matter, Mike. I own it. Now I want my $10 million.

FOUR WEEKS...SAYS THAT WALKING 18 HOLES ON A DAILY BASIS IS A LOT HARDER THAN IT L Mr. Jenkins, which law are you suing us under?

Law? Um…I guess the copyright law.

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Huh?

Mr. Jenkins, we’ll humor you here and Anyway, pretend that you you’re aware that didn’t hear us say basic typeface that it was a shot letter shapes aren’t of the computer CHEVY EQUINOX IN A SO-CALLED EFFORT TO SUPPORT copyrightable in AMERICAN WORKERS...SUPPORTERS screen. the U.S., right?

Title 37, Part 202, section 1, paragraph (e.) says that typefaces can’t be copyrighted.

Oh. Um…

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Maybe you’re suing us under trademark infringement?

Huh? Oh. Yeah. Trademark infringement. That’s what I meant!

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But Mr. Jenkins, our lawyers contacted the United They States trademark office and didn’t? Oh. couldn’t find either your Um… name or the name “Phil’s Marker Standard LED IT MUCH ADO ABOUT NOTHING AND THEN HANDED OUT “OBAMA 2012” T-SHIRTS THAT W 420.”


Maybe you meant to say that you have a design patent on this typeface?

Design patent? Oh. Um… yeah! That’s it! I have a design patent on it. ERE MADE IN CHINA ★HOWE TV★ MUSIC NEWS: THERE IS CURRENTLY NO MUSIC NEWS BEC Mr. Jenkins, our lawyers couldn’t find any patent with your name on it in the database.

They must have forgotten to update it. That’s bureaucracy for ya! AUSE THE MUSIC INDUSTRY IS DEAD ★HOWE TV★ SPORTS: UNIVERSITY OF MARYLAND FOOT


It was updated this morning.

It was? Oh. Um…

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Mr. Jenkins, you’re aware that the shapes of your letters for use as a basic typeface can’t become infringed upon, right?

I think I’m losing the signal, Mike. It’s hard to hear you.

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Mr. Jenkins, Mike, I it’s also kind of funny gotta go. You’ll but as we were researching be hearing from my your lawsuit, we discovered lawyer again. Now that your typeface looks an you’re causing me Is it awful lot like an older pain SINGING and RISTIAN METAL BAND STRYPER FIELDaAND THE CROWD BEGAN TH typeface called “DomHAD TAKEN THEjust suffering! coincidence that Casual.” They’re almost identical?

Mr. Jenkins? Mr. Jenkins?

SIGNAL MISSING

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Well folks, that may have been one of our quickest interviews. It was fun while it lasted.

Tonight’s credits will roll by using Dom Casual. Don’t sue us for it!

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PRODUCER

HANK MARSHALL DIRECTOR

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