can I use social platform name in my product?

14 replies
I have this product instagram for 2015 and it was doing great but i got an email from instagram saying i cant use their name in my domain, but they didn't mention anything about using their name for my product.

does anyone know whether I can?

I stopped selling it so i could figure this out, so I'm going to relaunch it but wondering if I should change the name of the product to avoid anymore headaches

Thanks!
Ben
#platform #product #social
  • Profile picture of the author Steve B
    Don't use their name at all. They've already warned you. Don't push your luck . . . you're very fortunate they gave you the heads up in the first place instead of taking legal action to product their registered trade name.

    Internet marketers use company names very often in domains, product names, etc and get away with it. But that doesn't mean they're doing it legally.

    Steve
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  • Profile picture of the author hannahlist
    You don't want all your hard work to go up in smoke.

    The last thing you want is make a lot of money with your product only to have all that money get taken by Instagram in a lawsuit.

    Use a name that captures the process your software helps with.

    That's the better approach.
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    • Profile picture of the author professorrosado
      Insta____gram.com is fine! Fill in the blank with what ever the main benefit is in your software or product!

      examples:
      instaprofitsgram.com
      instafollowgram.com

      Close enough yet well within your privileged and free use of the English language.
      You can do that with any platform's name - they used English words anyway - make your own too!
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      • Profile picture of the author san2hnl
        Originally Posted by professorrosado View Post

        Insta____gram.com is fine! Fill in the blank with what ever the main benefit is in your software or product!

        examples:
        instaprofitsgram.com
        instafollowgram.com

        Close enough yet well within your privileged and free use of the English language.
        You can do that with any platform's name - they used English words anyway - make your own too!
        I'm not so sure about that. I'm not a lawyer, but I'd say that's not legit.
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        • Profile picture of the author professorrosado
          Originally Posted by san2hnl View Post

          I'm not so sure about that. I'm not a lawyer, but I'd say that's not legit.
          "insta" is a word they created?
          And I suppose that "gram" is also of their own creation?

          Don't be silly!
          http://www.insta-pro.com/

          insta.friendorfollow.com

          instaledge.com

          www.urbandictionary.com/define.php?term=insta

          insta-cert.net

          www.instagraph.com

          https://insta-results.com/

          insta-learn.com


          Need I spend more time on this? Really!

          No one has a copyright on English words. Once they make a combination of prefixes and suffixes to create a brand, then, of course, that unique brand is defensible.
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          • Profile picture of the author Lance K
            Don't be silly!
            Silly would be blindly following advice from members on an internet marketing forum when the issue should be discussed with a qualified legal professional.
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            "You can have everything in life you want if you will just help enough other people get what they want."
            ~ Zig Ziglar
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          • Profile picture of the author discrat
            Originally Posted by professorrosado View Post

            "insta" is a word they created?
            And I suppose that "gram" is also of their own creation?

            Don't be silly!
            Insta-Pro International

            insta.friendorfollow.com

            instaledge.com

            Urban Dictionary: insta

            insta-cert.net

            Insta Graphic Systems

            https://insta-results.com/

            insta-learn.com


            Need I spend more time on this? Really!

            No one has a copyright on English words. Once they make a combination of prefixes and suffixes to create a brand, then, of course, that unique brand is defensible.
            This is ridiculous. Do your research and you will find many successful lawsuits AGAINST companies that used regular English words that were part of another Company's brand.

            In some cases it was NOT even spelled like it but because of INFERENCE and the underlying point of why the company was using it in the first place ( to make people think their product was related to the other company's widely recognizable brand) they lost their case and were forced to get rid of their name and in many cases paid Damages.

            Look up Monster and see how this Company sued and won damages from other Companies using this name in countless instances.

            Or how about Dummies/Dummy See how many times Car repair for Dummies, Computer Science for Dummies, Toilet Repairs for Dummies etc..etc.. and the company has won when others use Dummies/Dummy in their Company's name or domain.




            - Robert Andrew
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  • Profile picture of the author Randall Magwood
    Keep their name out of it. They could've went HARD on you and scared you into some legal action. But apparently their goodwill and nature has caused you to view them as passive and weak.

    Simple: Don't use their name anywhere on your product title.

    If you violate, you might feel the wrath of their high-priced lawyers.
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  • there should be no problem saying x product for Instagram or something of that effect. Where you may get in trouble is promoting it as an official Instagram product or Instagram endorsed product. (unless they actually do endorse the product.)

    You see this type of stuff all the time like x plugin for WordPress, x product for MailChimp and so forth and so on.
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    Premium WooCommerce & WordPress Plugins $10/ea. or FREE With Membership. PluginForage.com
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  • Profile picture of the author benjamenjuan
    thanks everyone for your input, I appreciate it! I think I'll just play it safe and rename it something without any part of the word "Instagram", any suggestions? haha
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  • Profile picture of the author benjamenjuan
    oh and its okay to be silly! just look at my profile pic!
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