Trademark question of the day

Timesify makes any website look like the New York Times, so that your neighbors don’t know you’re reading something junky.  “In a matter of seconds, the article on how ‘Miley Cyrus Peed on a Tree’ will appear on a page that looks like The New York Times — and with a headline and photo from a bonafide, recent New York Times piece, like ‘Iraqi Relief Flights Rescue Dozens, but Leave Thousands Behind.’” What are the trademark implications?  Dilution?  There’s no sale, so can there be post-sale confusion?  Post-browse confusion?  Or should that be Times-browse confusion?  (I couldn’t help myself.)  There are even internet classic copyright issues: the pictures on the original site are swapped out for Times pictures—it’s not clear whether this is done through direct image linking or some other way.

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