Envelope-to: zangofonts@zangofonts.com
X-Sender: legal@bertholdtypes.com@mail.bertholdtypes.com
Date: Mon, 27 Jan 2003 10:08:30 -0500
To: Jamie Nazaroff zangofonts@zangofonts.com
From: "legal@bertholdtypes.com" legal@bertholdtypes.com
Subject: "Omicron Delta"
FOR SETTLEMENT PURPOSES ONLY/WITHOUT PREJUDICE
Mr. Jamie Nazaroff
Zang-O-Fonts
107 Bagot St., #301
Guelph, Ontario
Canada N1H 8H5
Dear Mr. Nazaroff:
Berthold Types Limited ("Berthold Types") is the successor to the H. Berthold type foundry and the renowned Berthold Exklusiv Collection. The Berthold foundry first released DELTA in 1983. Since 1983 Berthold Types and its predecessors-in-interest have marketed digital typefaces under the mark DELTA in the United States, Europe and throughout the rest of the world. DELTA (designed by Gustav Jaeger) continues to be one of our most popular and successful typefaces, and represents an extremely valuable good will to us.
Berthold Types owns the exclusive right to the marks DELTA and DELTA JAEGER in jurisdictions throughout the world, including the United States Registration No. 2255253, Community Trademark Registration (European Union) Nos. 906248 and 1494798, and German Registration No. 1116993.
We recently discovered that you and your company are marketing digital typefaces under the name "Omicron Delta" from your web site (http://www.zangofonts.com) and (http://www.myfonts.com). Your use of "Omicron Delta" for digital typefaces constitutes trademark infringement and dilution of our DELTA and DELTA JAEGER marks, counterfeiting, and unfair competition with Berthold Types under applicable law.
We demand that you cease using "Omicron Delta" or any colorable imitation of Berthold's DELTA and DELTA JAEGER marks to market digital typefaces. To comply, you will need to remove all references to "Delta" and/or any colorable imitation of DELTA from your font software, world wide web site, and all other advertising or promotional materials (including those of any of your resellers).
Berthold desires to resolve this matter amicably, and is prepared to allow you a reasonable period of time to comply with the foregoing demands. Accordingly, we request that you provide us with written assurances that you will comply with the foregoing and the date of proposed compliance. To avoid escalating this matter, we will need to receive the requested written assurances (e.g. reply to this e-mail) by Monday, February 3, 2003.
Sincerely,
--
Melissa M. Hunt
Vice President & General Counsel
Berthold Types Limited
47 W. Polk St. #100-340
Chicago, Illinois 60605
USA
Browse and Buy Berthold Fonts at
http://www.bertholdtypes.com/home.html
http://www.berthold.de
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