Asked in Copyright and Trademark for Texas

Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Related Topics:
1 Lawyer Answer
Sergiy M Sivochek
Sergiy M Sivochek
Answered
  • Trademarks Lawyer
  • Los Angeles, CA

A: This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can show trademark or other intellectual properly rights that entitle it to make this demand. For example, if you were able to somehow get an Instagram account under the name "MICROSOFT" and started to make posts about computer technology in general, then you would very likely get in trouble even if you never posted content relative to Microsoft's services/products and even if you had fifty disclaimers on your account as to no-affiliation with Microsoft. Why? Because MICROSOFT is a long-registered trademark and so they will have a strong argument that by making Instagram posts under the same name, you are causing "a likelihood of consumer confusion" in the marketplace and thus committing trademark infringement. On the other end of the spectrum, I have also seen lots of frivolous demands in my more than ten years of practicing trademark and intellectual properly law.

Bottom line: Such demands must be taken very seriously. The best thing to do would be for you

to consult with an experienced intellectual property attorney as to your specific situation.

This answer is for general educational purposes only. This is not legal advice. I am not your attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.