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Using "gram" in my domain-name? problems?

Discussion in 'Instagram' started by mrmystic, Nov 7, 2014.

  1. mrmystic

    mrmystic Newbie

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    Hello. I have a domain name ending in "gram". The project is a social network with photos a little like instagram.
    I will not use anything from instagram, but i'm thinking on facebook login to my website -------gram.com and the mobile apps.

    But will it give me any problems with the instagram trademark?
     
  2. Conor

    Conor Jr. VIP Jr. VIP

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    I could be wrong, but I'm pretty sure the word "gram" isn't trademarked, otherwise half the world would need to start looking for whole new system of measurement.

    Although in terms of branding, I suspect you may be on thin ice with the similarities between your site and instagram.
     
  3. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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    this should help:
    Code:
    https://help.instagram.com/304689166306603/
    the following section in particular:

    "Naming Applications and Products

    If you offer an application, website or product that is compatible with or related to the Instagram service, such as an app or website that uses the Instagram APIs, you may fairly and accurately describe how your application, website or product relates to Instagram. But you may not use the Instagram trademarks in your own brand, or suggest that Instagram sponsors or endorses you or your products.

    Don't:
    Use "Instagram", "IG", "Insta" or "Gram" in your app or product name or domain name"
     
  4. Aluminium

    Aluminium Jr. VIP Jr. VIP Premium Member

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    Like Tree said "gram" isn't trademarked, but if you start a site called "rightawaygram" or something than you're probably going to get sued.

    Then again, you might not.. flip the coin!

    EDIT: @Honeybird, the hell? They trademarked the word "gram" for applications?

    ILLERMINATI!
     
  5. c4rtel

    c4rtel Registered Member

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    They don't own "gram".

    If I trademark "Candify Sweetvillage Cumguzzler Porkutime"

    I don't own "candi" "ify" "sweet" etc. etc.
    I own the whole phrase and some obvious derivatives of it.

    They will only take interest if you are copying them exactly.

    http://www.candygram.com isn't copying them at all.
     
  6. Tobbe co

    Tobbe co Junior Member

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    This got me thinking about imgur /a/enTQH :D
     
    • Thanks Thanks x 2
  7. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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    i'm not sure about that, see my post above
    according to that you aren't allowed to use the "gram" word in your domain/service/app name "If you offer an application, website or product that is compatible with or related to the Instagram service", OP said it would be a social network with photos, a little like instagram, i'd say it's much like instagram and it's just playing w/ words, hence he can't really use the "gram" word in the domain name in accordance w/ the instagram branding guidelines, your example in this case can't be applied

    here's an article around the subject:
    Code:
    http://www.cnet.com/news/instagram-dont-use-insta-gram-or-ig-in-your-app-name/
    popular services like webstagram, statigram has changed their name and domain, i'm guessing because of this

    of course it's up to OP, if he abides this rule or not and waits for the first C&D (which may never come) and just then taking the site down

    lol, good one

    Slütsof In Stagrâm -> slutsofinstagram.com
     
    Last edited: Nov 7, 2014
  8. sbndnb

    sbndnb Regular Member

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    Like c4rtel said, and my lawyer explained nicely the rules regarding this aren't black and white.
    Just because you aren't using a trademark in your name doesn't mean you can't be sued for using a similar name (the 'rule' being that potential visitors might be confused and think your services are related) or design (their creative property).

    Personally I would avoid launching such a domain/service
     
  9. mrmystic

    mrmystic Newbie

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    My website and app will be with some of the same functions as instagram, such as camera, user profiles and so,
    but will not be compatible with Instagram and will not use the Instagram api.
     
    Last edited: Nov 7, 2014
  10. mrmystic

    mrmystic Newbie

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    So my app and website have actually nothing to do with Instagram, it just have some of the same functions and 'gram' in the name