Can trademark law help tighten the Net on phishing?

Phishing is one of the biggest spam problems on the Internet and figures
suggest that it is on the increase. While phishing is a fraud and therefore
a criminal offence, fundamentally it is also an infringement of basic IP rights,
particularly trademark rights. Darren Olivier of Field Fisher Waterhouse explains
that brand owners ought to be aware that trademark law, is - at least in principle
- capable of providing an additional layer of protection.