A few years ago, brands rarely had to concern themselves with how to report a trademark infringement on Instagram, or even monitor for infringement online. Now, however, Instagram is crawling with thousands of impersonator accounts infringing on existing brands’ trademarks. All trademark holders need to prepare for this threat, take the proper steps to prevent infringements and take them down when they occur.
If your trademarks have been infringed on Instagram, this guide will give you all the info you need to report it and protect your brand.
Instagram must follow federal trademark laws just as any other website or online platform. Trademark infringement is forbidden on the platform, and you are well within your rights to report an account if they have stolen your trademark(s). Thanks to common law trademark rights, Instagram even bans infringement on unregistered trademarks, so you can still take action if your trademarks haven’t been registered.
Trademark infringement on Instagram can occur in a variety of ways, since trademarks can be anything from brand slogans to logos and product packaging. Some of the most common Instagram trademark infringement examples include:
If you encounter any of these scenarios, it’s important to report the infringement as fast as possible. No matter how small the profile is or how harmless it seems, Instagram scammers can irreparably damage your brand if you don’t take action.
If you find an Instagram account using your trademarks, you can use the Instagram trademark infringement form to report it. While some reports won’t need much more evidence than the information you provide in the report, you may be asked for proof. Having screenshots, links, and any other viable information showing the account infringing on your trademarks can help you get the request approved.
Choose the answers that best fit your situation on the Instagram report form, and it should only take you a few minutes to complete. Once submitted, Instagram will receive the report and will review it to determine whether or not an infringement has occurred. Reporting the trademark to Instagram will serve as your official DMCA takedown request for the offending account.
You can reach out to the account owner if you’d like, but Instagram will handle the correspondence for you, if your report is approved. An Instagram trademark notice will be sent to the offending account, and Instagram will ensure the content is removed or the account is taken down.
If you submit the Instagram trademark infringement form and don’t hear a response, the first thing you should do is re-submit the form. There’s always the possibility a technical error happened when sending your first request, and it’s a good idea to cover your bases. Include any updated information if the situation has changed at all, and resubmit the form.
If your DMCA notice is still ignored, there may be underlying circumstances causing the review team to question whether an infringement has actually occurred. For example, the team may reach out to you if they need a bit more information to approve the report. Ensure you’ve checked your email inbox and messages on Instagram so you don’t miss any follow-up correspondence.
If you still don’t hear back from Instagram and your request is ignored, you can email the support team. They may be able to explain why your report wasn’t approved. You can also review Instagram’s trademark policies to better understand what constitutes infringement on the platform.
Dealing with trademark infringement on Instagram is no walk in the park. Even with the online form, it can be stressful gathering evidence and sending DMCA takedown notices every time a scammer takes advantage of your trademarks. If you are looking for an easier way to protect your trademarks on Instagram, or anywhere else online, Red Points can help.
Red Points’ advanced brand protection software helps brands and individuals protect their trademarks, copyrights, and other intellectual property online. The service can be a game-changer for your brand because it scans the web for infringements 24/7, and identifies them immediately. This means you’ll be able to stop scammers from infringing on your trademarks before they cause damage to your sales and reputation.
Best of all, Red Points saves you time and hassle by initiating the takedown process for you. When an infringement is identified on Instagram, the software sends a report and does the heavy lifting for you. This way, you can spend time on your business and know that your brand is always well-protected.
Trademark infringement on Instagram is a problem that won’t be going away soon, and trademark holders need to be prepared. Understanding how to report a trademark infringement on Instagram will ensure you can takedown scam accounts when they arise. Take the next step to better protect your trademarks and your brand with Red Points by requesting a demo today.