Spoofing and Peer to Peer Networks

The Trademark Implications of Spoofing Music Downloads – Self- Tarnishment?.
… If the record companies are in fact spoofing, then the practice, from a trademark point of view, is unique (to me at least).  The owner (or licensee) of the artist’s trademark is intentionally distributing an inferior or defective version of the product associated with that trademark, deceiving the user (albeit a non-paying one), in the hopes that the experience will tarnish not the trademark owner but the means of distribution.  While it seems metaphysically impossible for the trademark owner to counterfeit or infringe itself, self-tarnishment seems possible (to say the least).  Also of interest is whether the free services will respond by filtering out spoofs and advertise that they offer only real unauthorized copies. [The Trademark Blog]

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