3 ms·

Companies are registered at the state level, but names are trademarks that are overseen at the federal level. The real Stripe could probably sue and force a ch

Companies are registered at the state level, but names are trademarks that are overseen at the federal level. The real Stripe could probably sue and force a change of name due to trademark infringement, especially since the fake Stripe's primary business seems to be online as well. The real Stripe probably couldn't sue and force a change if someone registered another Stripe, Inc. in a different state who paints lines on roads or something.

rgbrenner 9y ago
Being online isn't a business. stripe.ian.sh does not compete with stripe.com, and there's zero risk of consumer confusion between these two websites. Stripe.com has no case for trademark infringement.
- mikeokner 9y ago
  If I were Stripe.com's legal counsel, I'd have already fired off a C&D. Stripe.ian.sh isn't trying to subvert traffic, but the entire point of this exercise is to show how it's possible to be confused for the real Stripe.com under certain circumstances. It's a fine line and if I were from the real Stripe I wouldn't want to let those sorts of grey areas go unchallenged.
  - rgbrenner 9y ago
    Free speech is a defense for trademark infringement, especially non-commercial speech. Showing how someone could theoretically be confused is not the same as actually being confused. Consumers aren't confused by someone writing an article about a company... that's not trademark infringement. A trademark does not give you rights to prevent people from writing about your company.
- patmcguire 9y ago
  Article has screenshots of it intentionally looking like the stripe homepage. Guess that was an older version, and now it's just a blog post, but it has had the exact same look.
  - agwa 9y ago
    No, the screenshot shows a window containing the real Stripe overlapping a window containing Ian's site: https://cdn.arstechnica.net/wp-content/uploads/2017/12/safari.jpg https://cdn.arstechnica.net/wp-content/uploads/2017/12/safar... Ian was not impersonating the real Stripe.

rgbrenner 9y ago

Being online isn't a business. stripe.ian.sh does not compete with stripe.com, and there's zero risk of consumer confusion between these two websites. Stripe.com has no case for trademark infringement.

mikeokner 9y ago
If I were Stripe.com's legal counsel, I'd have already fired off a C&D. Stripe.ian.sh isn't trying to subvert traffic, but the entire point of this exercise is to show how it's possible to be confused for the real Stripe.com under certain circumstances. It's a fine line and if I were from the real Stripe I wouldn't want to let those sorts of grey areas go unchallenged.
- rgbrenner 9y ago
  Free speech is a defense for trademark infringement, especially non-commercial speech. Showing how someone could theoretically be confused is not the same as actually being confused. Consumers aren't confused by someone writing an article about a company... that's not trademark infringement. A trademark does not give you rights to prevent people from writing about your company.
patmcguire 9y ago
Article has screenshots of it intentionally looking like the stripe homepage. Guess that was an older version, and now it's just a blog post, but it has had the exact same look.
- agwa 9y ago
  No, the screenshot shows a window containing the real Stripe overlapping a window containing Ian's site: https://cdn.arstechnica.net/wp-content/uploads/2017/12/safari.jpg https://cdn.arstechnica.net/wp-content/uploads/2017/12/safar... Ian was not impersonating the real Stripe.