Balancing Realism and Compliance: Why We Use Real Brands in Phishing Simulations
One of the most common questions we receive from organizations using PhishGuard to build their security awareness programs is: "Is it legal to use the logos of real companies (like Microsoft, LinkedIn, or major brands) in our phishing simulations?"
The short answer is that using real-world brands is essential for effective training, but it must be done with strict operational safeguards and legal awareness.
The Need for Realism
Cybercriminals do not create generic "Bank Notification" emails; they spoof specific, trusted brands to trick users. To effectively train employees to spot these attacks, security awareness programs must therefore reflect realistic attack patterns.
Using recognizable logos and branding is not about infringing on intellectual property - it is about conditioning employees to scrutinize the authentic-looking emails they receive every day.
From a legal perspective, trademark laws are designed primarily to prevent "commercial confusion"- stopping a company from using another brand's logo to sell competing goods or imply a false endorsement.
Security awareness simulations are typically:
Conducted strictly for internal training purposes.
Non-commercial in intent (logos are used solely for educational purposes)
Designed to reduce fraud and security risk
Transformative in purpose, unrelated to the sale of goods. It aims to educate the public on avoiding scams, which constitutes "fair use" in many contexts.
In many jurisdictions, including under regulations like the Anti-Cyber Crime Law, activities that enhance national information security and protect the public interest are viewed favorably. Controlled phishing simulations are recognized as a vital tool in serving this public interest.
Operational Safeguards We Enforce
To ensure responsible use of third-party branding, our simulations follow strict safeguards designed to eliminate lasting confusion:
We enforce a standard safeguard where any participant who interacts with a simulated link is immediately redirected to a corrective landing page. This page explicitly clarifies that the email was a simulation, ensuring that any potential confusion is momentary and immediately resolved.
We recommend and support the use of post-campaign notifications that provide absolute clarity to the target audience. A standard disclaimer used in our campaigns states:
“This email was issued solely for training purposes. To prevent any misunderstanding, it must not be copied, forwarded, or shared with any third party. Any use of third-party brands is solely for illustrative purposes. {COMPANY-NAME} does not claim ownership, affiliation, endorsement, or licensing rights in any third-party brand, nor in any brand that may resemble a third-party mark in name, design, domain name, social media handle, or otherwise. The inclusion of any third-party branding is exclusively for cybersecurity-awareness training.”
Conclusion
Responsible use of third-party branding in phishing simulations is a recognized industry practice when implemented with transparency controls and educational intent. With proper safeguards, organizations can deliver realistic training while respecting intellectual property boundaries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Organizations should consult with their own legal counsel regarding specific compliance requirements in their jurisdiction.