Counsel Dana N. Justus was quoted in the article “Goldman Sachs Has Money. It Has Power. And Now It Has a Font,” published by The New York Times. She questioned the enforceability of a non-disparagement clause in Goldman Sachs’ initial custom font license, which was later removed.
“Dana Justus, a trademark lawyer at the Washington, D.C., firm Sterne Kessler, said in an interview that Goldman’s terms might not be valid because the link could be considered hard to find. ‘It’s below the download button in small text,’ she said. ‘You don’t need to affirmatively click or check a box — things consumers are more used to. Is this an enforceable software license? Some courts would say no.'”
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