Peabody Energy Corporation v. DeSmet [1]

On January 6, 2010, Peabody Energy Corporation sent a demand letter [2] to Brian DeSmit, an environmental activist who operates a website at http://cleancoalwustl.org/.

Peabody is part of the Consortium for Clean Coal Utilization (CCCU) with Washington University, which funds research efforts to advance "clean coal" technologies. DeSmet created a spoof website [3] to parody CCCU's official website [4].  DeSmet's website uses a color scheme and layout marginally similar to the official site, and his text characterizes the consortium's "vision," "mission," and "goals" in an unflattering light, suggesting that it is "a public relations tool for industry" that is deceiving the American public about the purported benefits of clean coal.

Peabody's letter complained about the spoof site using the PEABODY trademark and logo, as well as CCCU's logo, to allegedly mislead the public into believing that various statements on the website were made by Peabody and CCCU. It also claimed that the site "is rife with false statements, false innuendo, and defames Peabody and its officers and employees . . . mentioned by name in the Site."  Peabody demanded that DeSmet "immediately, completely, and permanently disable" the website and refrain from posting it in the future. 

In response, DeSmet voluntarily removed Peabody's logo, placed a "censored" box over CCCU's logo, and added a disclaimer: "This website is not endorsed by or connected with Washington University and the 'Clean Coal' Consortium."  Peabody continued to object to the look and feel of the site, however.  Assisted by EFF, DeSmet send a response letter [5] to Peabody, disputing its legal claims and declining to make any further changes.