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Notice of Instagram Trademark Infringement Advice Needed

Discussion in 'Domain Names & Parking' started by yankees2018, Feb 20, 2013.

  1. yankees2018

    yankees2018 Registered Member

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    Hi guys

    I need some advices here, i just get this email from Instagram, should i take it serious? im not sure about this i have work hard on this website and now i get this msg

    To Whom It May Concern,

    We are writing concerning your registration and use of the domain name (i just changed the domain but it has instagram on it, and looks something like this) xxxxinstagramxxx, which contains the Instagram trademark.

    You are undoubtedly familiar with Instagram and its worldwide renown in providing photo sharing and editing services and related products and services through a number of channels, including through its mobile application software and its website available at Instagramdotcom.

    Instagram owns exclusive rights to the INSTAGRAM trademark, including rights secured through common law use and registration in the United States (Reg. Nos. 4,170,675 and 4,146,057) and internationally. Instagram is a global leader in photography software for mobile devices, with over 30 million registered users. These users have uploaded more than 1 billion photos for editing and sharing with others either directly or through their social media networks. Due to Instagram?s exponential growth and immense popularity, the Instagram brand, is frequently, if not daily, referenced in the media and pop culture. Its fame entitles it to broad legal protection.

    We have recently discovered that you registered the domain name (i just changed the domain but it has instagram on it, and looks something like this) xxxxinstagramxxx, which incorporates the famous INSTAGRAM mark. Instagram has an obligation to its users and the public to police against the registration and use of domain names that may cause consumer confusion as to affiliation with or sponsorship by Instagram, dilute the distinctiveness of its INSTAGRAM mark, or otherwise tarnish the mark. Accordingly, in addition to civil actions, Instagram and its parent Facebook have filed numerous proceedings pursuant to ICANN?S Uniform Domain-Name Dispute-Resolution Policy (wwwdoticann) to secure the transfer of infringing domain names. Moreover, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another?s trademark.

    While Instagram respects your right of expression and your desire to conduct business on the Internet, Instagram must take action to stop the misuse of its intellectual property. As you can imagine, various third parties around the world have attempted to wrongfully capitalize on Instagram?s reputation by registering domain names that include or are derived from the INSTAGRAM brand. Such names are confusingly similar to, dilutive of, and can tarnish the INSTAGRAM mark.

    We understand that you may have registered (i just changed the domain but it has instagram on it, and looks something like this) xxxxinstagramxxx without full knowledge of the law in this area. However, Instagram is concerned about your use of the Instagram trademark in your domain name. Accordingly, we must insist that you immediately cease using (i just changed the domain but it has instagram on it, and looks something like this) xxxxinstagramxxx , disable any site available at that address, and transfer the domain name to Instagram. You should not sell, offer to sell, or transfer the domain name to any third party.

    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.

    Sincerely,

    Legal Dept.
    Instagram, Inc.

    am i in troubles?? this website is getting me good money but now this :confused:
     
  2. cgimaster

    cgimaster Power Member

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    check the source code of the email aka header it should show some ip's and other useful information used to track weather it was sent from their servers or not
     
  3. yankees2018

    yankees2018 Registered Member

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    yea i know its coming from Markmonitor does some body know them?
     
  4. Authe

    Authe Newbie

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    By the way this is addressed, written, and signed.. I can tell you it's a load of bs. Don't worry about it.
     
  5. ContentLockPro

    ContentLockPro Power Member Premium Member

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    Was it from Perkins Coie? I am assuming they represent Instagram as they represent Facebook. If not, it's probably rubbish.

    Either way, using instagram in your domain is asking for trouble. I would recommend moving the site to a new domain and redirecting it. Depends what country you are in as well. Bear in mind, as they own the trademark, they can get the domain taken down very easily if they want, so if it's legit it's best to comply and move to a new URL.
     
  6. shoutout

    shoutout Junior Member

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    Why would i consider this email as rubbish when they asked you politely to transfer it to instagram Dot Com ?
    Of course i would take this email seriously and ask them in return to verify them self's for me, so you can discuss farther steps in resolution offered.

    DON'T IGNORE ANY THING RELATED TO WORLDWIDE TRADE MARK
    Be safe bro!
    Leo
     
  7. yankees2018

    yankees2018 Registered Member

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    Any other suggestion i didnt take it down yet what do u think im getting in trouble im from USA
     
  8. Bostoncab

    Bostoncab Elite Member

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    If it was legit they would send real papers to your house. It doesn't sound like you are in the US so really.. what the shit they gonna do anyway?

    The email you got is probably from someone looking to steal your name. In the long run the more traffic you get and the more attention the domain name gets the bigger the chance one of the real letters will show up at your house.
     
  9. yankees2018

    yankees2018 Registered Member

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    Thats is one of my main question , an email could be take it like a legal notice??
     
  10. Oz0102

    Oz0102 Jr. VIP Jr. VIP

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  11. ezcoms

    ezcoms Newbie

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    When I was new at the whole domain buying, I hand registered a famous brand .info extension that was available. A month or 2 later, I received an e-mail that read like yours. It was a simple cease and desist letter that points out the violation. If you did include their name in your domain then you are infringing. I am not putting your work down or anything but, I am sure you're not netting 100s or 1000s off this domain so it's not worth the fight over who is right and wrong. And you're not going up against a mom and pop's hardware store, you're going up against a media giant that has lawyers on retainer and will essentially squash you.

    You can read CYBER SQUATTING laws where it pertains to your case. Just research it with an open mind and don't let people give you legal advice when they don't hold a Juris Doctorate. You can have your registrar delete the domain.

    Good luck.

    -- And I actually gave the domain to the company.
     
    Last edited: Mar 13, 2013
  12. scararm

    scararm Junior Member

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    I have the same issue here just check this thread comments from other BHW members
    good luck to all.
    maybe we can make a campaing against this, I mean the main problems here seems to be the use of ig name, so everybody write that name in any place, network social, blog, etc, so are they going to go down if nowone has continue using this name.
    what do you think or am I wrong.
     
    Last edited: Mar 14, 2013