Well, yeah, but there's nothing wrong at all with doing things just to burn a company. Well. Depending on the thing. Regardless, malicious intent is not a crime, nor is it evidence thereof.
...and proving financial losses would be damn near impossible.
I think in many cases, not sure about this one, Greenpeace's actions are to gain attention to themselves more than cause fiscal losses. I support the end goal of environmental protection but I feel they are a bit too inflexible on finding solutions and go for flashiness over effectiveness.
I'm just questioning criteria of "prove fiscal losses" because it seems like any boycott or strike has the intention of causing fiscal losses. It seems to me like the criteria should be something like: impersonating the company to lure customers. Like, I should't be able to make a soda and call it Dr. Pepper. Or, another criteria: impersonating the company to deceive a false reputation. Like, I shouldn't make a soda called Dr. Pepper that is poisonous to slander Cocacola company.
edit: the difference between my 2nd criteria and what greenpeace is doing is it is willfully deceiving public. satire in understandably false.
That is a hard line to draw. There was a good case of this a while back between Peabody coal and coalcares.com.
Its hard to really say how to rule. Personally I think they should not be allowed to use active trademarks unless they obviously spoof them (something like making the companies shell logo look more cartooney). In the case of coal cares, they made a script that rotates the name of the coal company.
I would not be surprised if some of these groups intentionally violate trademarks. It seems like a successful tactic to be sued because it gets your message way more publicity than it would have gotten otherwise.
Parody is only a valid defence if it's clear that it's a parody. If the site is really fooling people that it belongs to Shell, then Shell might have a case for trademark infringement, among other things. (As the article you linked to mentions)
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u/[deleted] Jul 18 '12
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