Microsoft’s secret weapon in ongoing struggle against Fancy Bear? Trademark law

Enlarge (credit: Harald Deischinger)

On Friday, representatives of the notorious hacking entity known as Fancy Bear failed to appear in a federal court in Virginia to defend themselves against a civil lawsuit brought by Microsoft.

As the Daily Beast first reported on Friday, Microsoft has been waging a quiet battle in court against the threat group, which is believed to be affiliated with the GRU, Russia’s foreign intelligence agency. For now, the company has managed to seize control of 70 domain names, but it’s going after many more.

The idea of the lawsuit, which was filed in August 2016, is to use various federal laws—including the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act (ECPA), and American trademark law—as a way to seize command-and-control domain names used by the group, which goes by various monikers, including APT28 and Strontium. Many of the domain names used by Fancy Bear contain Microsoft trademarks, like microsoftinfo365.com and hundreds of others.

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