Sunday, April 01, 2012

Revisiting anti-phishing bill and trademark; it can be a problem to include a parodied company in a domain name


I’ve often noted that phishing emails that use hypertext links of actual corporate trademarks sound like obvious violations of trademark law.

I notice that Electronic Frontier Foundation published a criticism in 2008 of a proposed “Anti-Phishing Consumer Protection Act” (APCPA) which could, as worded, have weakened “non-commercial” criticisms of companies by mention or depiction of their trademarks, apparently apart from sending emails.  The EFF story was here

 There seem to have been problems when website owners have included the names of the wordmarks they wanted to parody in their domain names, as with Acomplia and the site “Acomplia Report”, link (website url) here

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