- Notice of Instagram Trademark Infringement

To Whom It May Concern,

We are writing concerning your registration and use of a domain name which contains the famous Instagram trademark.

As you undoubtedly know, Instagram is the leading online social network service. Instagram adopted the name and trademark Instagram in March 2013 and, since that time, Instagram has actively used the Instagram name and trademark in connection with its online social network service, including maintaining the web site www.Instagram.com. The term Instagram is one of the most famous trademarks on the Internet. Instagram owns exclusive trademark rights to the Instagram name as a result of numerous trademark registrations in the United States and internationally, as well as related common law rights. Accordingly, Instagram enjoys broad trademark rights in its name.

Instagram has made a substantial investment in developing and providing its services. As a result of Instagram's pioneering efforts and devoting substantial effort and resources to providing only high quality services, the Instagram name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Accordingly, we were concerned when we learned of your registration and use of the domain name. As we hope you can appreciate, protection of its trademarks is very important to Instagram. Your registration and use of the domain name violates the Lanham Act (15 U.S.C. 1051 et seq.) because it infringes and dilutes the famous Instagram trademark.

Infringement occurs when a third party's use of a company's trademark (or a confusingly similar variation thereof) is likely to confuse consumers as to the affiliation, sponsorship or endorsement of the third party's services. Trademark dilution occurs when a third party's use of a variation of a company's trademark is likely to lessen the distinctiveness of the company's famous trademark.

We have filed several proceedings before the United Nation's World Intellectual Property Organization's arbitration panel. Instagram has prevailed in each case and the domain names at issue were all ordered to be transferred to Instagram. Instagram is concerned that your unauthorized use of the Instagram name may cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by Instagram when, in fact, they are not.

We understand that you may have registered the domain name without full knowledge of the law in this area. However, Instagram is concerned about your use of the Instagram trademark in your domain name. As you may know, 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 enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, Instagram must insist that you immediately stop using the domain name and disable any site available at that address. You should not sell, offer to sell, or transfer the domain name to any third party.

Please email enforcement@ad-facebook.com (include your domain name in the subject line) to confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.

Sincerely,

Instagram IP & DNS Enforcement Group

Legal Dept.

Instagram, Inc