Will using the logo of another company in simulated phishing attacks open us up to lawsuits from said company for trademark or copyright infringement?

Note: The following article has been written for general information purposes. It is not legally binding, and PhishingBox representatives can not provide legal advice. For more information about trademarks and fair use, or any legal advice, we recommend you contact an attorney. No attorney-client privilege or confidentiality agreement exists or will exist between you and PhishingBox.

Trademark infringement claims stem from whether there is consumer confusion as to the source of a particular product or service. When PhishingBox simulated phishing attacks use another firm's logo, that logo is not utilized in any way that confuses customers into thinking that goods or services originate from, are related to, or are sponsored by the company whose logo is incorporated. PhishingBox does not brand goods or services with another firm's logo, but rather use branding in security awareness training. Possible confusion is alleviated by landing pages or instructional videos that are viewed at the end of a successful phishing simulation. PhishingBox templates include language that details that third party logos are for instructional or descriptive purposes, and that there is no relationship between the trademark/brand owner and PhishingBox or PhishingBox clients. It is recommended that customers DO NOT OMIT disclaimers when constructing custom email, landing, and training page templates.

Including third party logos in simulated phishing attacks serves a new, transformative objective, and as such constitutes a fair use. The logo is used in a different manner (unrelated to marketing) and for a different objective (security awareness and education). This transformative use does not subvert the copyright owner or any markets in which the copyright owner would rationally participate.