Ask HN: Instagram says I'm infringing on their name
13 comments
Gotta love FB's legal dept. They have nothing better to do than search for recently purchased domain names with their name in it. They take themselves way too seriously.
The real issue is not the similar domain name but if your use dilutes the value of their name. If a person thinks you are associated with Instagram and especially if you are in the same type of business. As an example Ritz
Hotels does not dilute the value of Ritz Crackers. They are clearly in distinct different businesses and one does not dilute the value of the other.
The only option you have is to surrender the domain. If you ask them to compensate you for the cost of buying the domain (which should be something less than $100 I'm assuming), they'll probably do so.
I would not have bought that domain name. Instagram is a made up word and any assocation - whether there is or not - by use of your domain name could be misconstrued.
I would assume you are going to use the domain for a service similar to instagram . I'm sure you knew this was coming the moment you where buying it.
The
Someone has had their lawyer send you a letter indicating that they believe you are violating their legal rights and if you don't comply with their demand to stop doing so, they may engage in legal action against you.
I would recommend you seek the advice of a qualified legal professional with whom you are willing to share all of the relevant details without redactions.
I would recommend you seek the advice of a qualified legal professional with whom you are willing to share all of the relevant details without redactions.
I mean, how important is the domain to you? If you want to push back against Instagram's legal department, you'd need to get your own lawyer, and that's probably going to cost you. If you don't think its worth the cost, the best thing to do would probably be to just give up the domain. I know it sucks, but hey, that's our legal system for you.
I received a similar email from a company years ago but it was a bit different and not so aggressive. Their legal dept was curious as to why I bought the domain.I explained my purpose for using the domain, and did so in a nice, polite (even friendly) way. She wrote back and said that was fine. That was in 2005 and I never heard from them again. I had a legitimate use of the domain name that helped both parties and I guess it "passed" whatever criteria they had at the time. Maybe you could try the same approach. IANAL and all that...
That was then; this is now. I would be very surprised, almost astonished, if they let the OP continue to use the domain, even if he argued that it didn't infringe.
I looked up Instagram in an online dictionary. The word was created by the company. No way are they going to let others use it. Remember, these are lawyers we are talking about.
I looked up Instagram in an online dictionary. The word was created by the company. No way are they going to let others use it. Remember, these are lawyers we are talking about.
If the site is worth it for you, seek the advice of a lawyer.
One of my investors once told me that the most disappointing thing about dealing with entrepreneurs (mainly coders) is that most will take a shotgun approach to business and believe in quantity over quality. We spit out so many products in hopes that 1 hits it's mark without checking patents, trademarks, or at least filing articles of inc.
One of my investors once told me that the most disappointing thing about dealing with entrepreneurs (mainly coders) is that most will take a shotgun approach to business and believe in quantity over quality. We spit out so many products in hopes that 1 hits it's mark without checking patents, trademarks, or at least filing articles of inc.
> nothing up except for the GoDaddy splash page
Which markets content hosting services, one of the services Instagram has registered their federal trademark in. Your use of their mark in that market is likely infringing on their rights; it's not a baseless C&D request. Drop the domain or drop the GoDaddy splash page if you don't intend to enter one of the markets their name is protected in.
Which markets content hosting services, one of the services Instagram has registered their federal trademark in. Your use of their mark in that market is likely infringing on their rights; it's not a baseless C&D request. Drop the domain or drop the GoDaddy splash page if you don't intend to enter one of the markets their name is protected in.
I doubt even that would cover him. "Instagram" is a made up word, so I don't believe competing in a different space is enough to be protected the way an "Apple Orchards" could be protected vs "Apple Computers".
The problem is, you recently bought it. If you owned it before hand then you would have a case, but because it is trademarked, you don't. I would ask them if they want to buy it and if they don't just give it to them as a gesture of free will.
[deleted]
I'm not using the site and there is nothing up except for the GoDaddy splash page. Further, they've stated this:
"Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation that you will comply with our request, we will have no other choice but to pursue all available remedies against you."
Anyone else have experience with this? What should I do?