Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 17 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL) Apr 27 Outfront Conference (NYC) May 12 OMMA Mobile (NYC) May 13 Digital Out-of-Home Awards (NYC) Jun 15 OMMA Video Jun 16 OMMA Publish (NYC) Jun 17 OMMA Social (NYC)
Recently Concluded Events
Jan 26 OMMA Social (San Francisco) Jan 25 OMMA Performance (SF) Jan 12 MEDIA Agency of the Year 2009 (NYC) Jan 11 OMMA Agency of the Year 2009 (NYC) Dec 6 Email Insider Summit (Utah) Dec 2 Search Insider Summit (Utah) Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 Digital Out-of-Home Awards
2010 MEDIA Agency of the Year 2009 2010 OMMA Agency of the Year 2009 2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
U.S. Chamber Of Commerce Sues Yes Men For Creating 'Fraudulent' Site
by Wendy Davis, Tuesday, October 27, 2009, 8:45 PM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Web Sites, Legal

MOST READ

Yes Men/The Yes Men Fix the World

The U.S. Chamber of Commerce has sued the pranksters Yes Men for trademark infringement for allegedly creating a fake site stating that the group now supports climate change legislation.

The lawsuit, filed Monday, comes one week after the Yes Men held a fake press conference announcing that the business association had changed its position on environmental legislation. The Yes Men also posted a phony press release on a parody site -- which closely resembles the real site's media center page.

The stunt fooled some real news outlets, including Reuters, which reported that the Chamber of Commerce had changed its stance on climate change legislation. In fact, the Chamber of Commerce's criticism of a pending bill aimed at curbing global warming has led to some recent membership defections by major companies, including Nike and Apple.

The Chamber of Commerce alleges in its lawsuit that the prank was all part of a publicity campaign for the movie "The Yes Men Fix The World," released nationwide last week.

The business group has asked the court to order the Yes Men to take down the site and to ban the pranksters from impersonating Chamber of Commerce representatives. The case is pending in federal district court for the District of Columbia.

The Yes Men declined to comment except to issue the statement: "It's very disappointing, even to us, that the Chamber would take an approach like this to what is very obviously political criticism."

The business group argues that the fake site too closely mimics the real site; the joke site goes so far as to contain links to the genuine site. "Rather than create a parody site that resembles the Chamber's site, the fraudulent pages copy embedded software elements from the Chamber's web site," the business organization alleges. "This ensures that if a visitor 'clicks' any links on the fraudulent pages they are taken to the authentic chamber web site."

Therefore, the Chamber alleges, members of the public "would have no idea that they were visiting a fraudulent site, rather than the Chamber's legitimate site."

By late last week, the Chamber of Commerce revised its own site by adding a banner that warns visitors who arrived from the parody that they had come from a "hoax site."

The Chamber of Commerce also demanded last week that Hurricane Electric Internet Services remove the site on the grounds that it infringed the business group's copyright. Hurricane Electric is one of several Internet access providers used by May First/People Link, a cooperative organization that provides Internet services to around 400 members, including Yes Men.

The Electronic Frontier Foundation wrote to Hurricane Electric on behalf of Yes Men and asked the company to keep the site live, arguing that the parody was protected by fair use principles.

Hurricane Electric nonetheless took down the Yes Men site -- and also briefly took down the sites of hundreds of other May First/People Link organizations. Those other sites were down for around 90 minutes on Thursday night before May First/People Link was able to convince Hurricane Electric to restore service to them. May First/People Link was able to arrange for another ISP to host the Yes Men parody, which was back online by Friday.

Although the stunt seemed to have created some confusion in the media, it's not clear that the lawsuit will get far in court. Trademark infringement requires use in commerce, and there are questions about whether the Yes Men's use of the business group's logo for a parody is a use in commerce.

In addition, trademark law is aimed at preventing consumer confusion, which in this case would appear to mean confusion by the Chamber of Commerce's members, or potential members. And even if the Chamber of Commerce can show some likelihood of confusion among that group, a court would still have to consider whether the Yes Men have a First Amendment right to mock the association.

Cyberlawyer Venkat Balasubramani says that issue isn't clear-cut, adding that it raises the question of how far people can go to poke fun at others, and whether copyright or trademark owners "should be able to use those rights to squelch criticism."

But David Johnson, an expert in digital media law, says that the Yes Men might have gone too far by creating a fake site that looks so much like the real one. "This is a little too good," he says.

4 people recommend this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
Cable Company Sued For Working With NebuAd    
Alabama resident Samuel Green has filed a second lawsuit against the Washington Post Company's Cable One...
Google Buzz Rolls Out Sharing Features To Gmail And Mobile Platforms   
Google made another bid Tuesday to master social media. The Mountain View, Calif., company will turn...
Ecommerce Spending Declined For The First Year Ever In 2009   
Thanks to the ongoing recession, 2009 will go down as the first negative growth year in...
Duly Noted: Morningstar Acquires Finance Blog Footnoted   
Independent investment researcher Morningstar on Tuesday announced the acquisition of financial blog Footnoted. The acquisition includes...
Offerpal Adds New Way To Earn Virtual Currency   
Online offers network Offerpal Media is putting users to work to earn virtual currency for...
DBG Boosts Analytics With Datran Media's Aperture    
Video network Digital Broadcasting Group has integrated Datran Media's Aperture digital audience measurement technology across its...
Facebook Dumps Microsoft Display, But Bing Is In   
Following a renegotiation of an existing ad placement partnership, Facebook will no longer run Microsoft display...
Armchair CDs Speak Out On Super Bowl Spots   
Twitter and social media have become the water coolers, spitting out data on ads during Super...
Social Media Platform Aims To Separate Signals From The Noise   
Networked Insights plans to announce this week several features in its SocialSense platform that should give...
Constant Contact Looks To Radio For New Email Marketing Clients, Boosts Rev 50%   
In a year when many marketing firms struggled, Constant Contact saw a nearly 50% revenue increase...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2010 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com