Can I use the Instagram name of another company for my own profile?
July 10, 2024 | 50,00 EUR | answered by Carsten Schlüter
Dear trademark lawyer,
I am Xenia Karpinski and I run a small business in the fashion and lifestyle industry. I recently created an Instagram profile for my business and would like to use the name of another company as my username, as I believe it better fits my branding. However, I am unsure if I can do this without potentially violating trademark law.
Currently, I have already started posting content on my Instagram profile but have not yet chosen a permanent username. The name of the other company that I would like to use is already taken as an Instagram username, but I am wondering if it is legally allowed to still use that name.
My concerns are that I do not want my company to face legal issues or make myself vulnerable by using another company's Instagram name. I want to ensure that I comply with all laws and regulations and do not infringe on any third-party rights.
Could you please inform me if it is permissible to use another company's Instagram name for my own profile? Are there any possible solutions or alternatives that I should consider to avoid legal problems?
Thank you in advance for your help and support.
Sincerely,
Xenia Karpinski
Dear Ms. Karpinski,
Thank you for your inquiry regarding using the Instagram name of another company for your own profile. The topic of trademark law is indeed very important to ensure that you do not violate the rights of third parties and can avoid legal problems.
If you wish to use the Instagram name of another company for your own profile, there are some legal aspects to consider. Firstly, it is important to understand that an Instagram name can also be protected as a trademark. This means that the other company may have registered rights to this name and you may not use it without permission.
Therefore, it is advisable to conduct research before using the Instagram name of the other company to determine if the name is registered as a trademark. You can do this, for example, through the trademark registry or other databases. If the name is protected as a trademark, you should definitely obtain the company's permission before using it.
If the name is not registered as a trademark, it does not necessarily mean that you can use it freely. There are also unregistered trademark rights that can arise from using a name in commerce. In this case, the other company may be able to claim rights if you use the name.
To avoid legal problems, I recommend contacting the other company and asking for permission to use the Instagram name. Alternatively, you could also use a modified version of the name to avoid confusion.
In any case, it is advisable to seek legal advice to ensure that you consider all legal aspects and minimize potential risks. As a trademark lawyer, I am available to analyze your specific situation and recommend appropriate actions.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Sincerely,
Carsten Schlüter
Trademark Lawyer
