domains Facebook to sue DontUseInstagram.com owner

[Lox]

The site now (dontuseinstagram.com) is designed to pretty much do what it says on the tin: give you reasons why you shouldn't use Instagram. Whether or not you agree with that messaging, it's clearly not infringing on Facebook/Instagram's trademarks. Someone should probably tell Instagram's lawyers. Because they sent a threat letter. In fact, they sent this threat letter before he'd even launched anything at the site, basically trying to intimidate him out of the site before he'd even done anything with it.

To Whom It May Concern,

We are writing concerning your registration and use of the domain name dontuseinstagram.com, which contains the Instagram trademark.

You are undoubtedly familiar with Instagram and its worldwide renown in providing photo sharing and editing services, online networking and related products and services through a number of channels, including through its mobile application software and its website available at Instagram.com. 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 800 million monthly active accounts. 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, which incorporates the famous INSTAGRAM mark. Instagram has an obligation to its users and the public to police against the registration and/or 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 (http://www.icann.org/en/help/dndr/udrp) 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.

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read more (techdirt)

 

[draco]

Even censored, I wouldn't have the alternatives list. Their attorneys might try to claim you're trying to promote their competition.

 

[Samer]

i hate Facebook as much as the next guy,

but this is so blatant.

 

[johnn]

The majority of people who use facebook are wasting their time.
Posting some crap pictures and waiting for other people to like.

Or some stupid people post vacation pictures and said "We are in Italy right now".
Another word "Come to rob our house, no one is home now".
ComeToRobMyHouse.com is available.

 

[NickB]

So this will become known as the "spray and pray" response? - see last paragraph.......

Watch everyone try and use this as a template (minor edits needed) when they are accused of TM infringements.......

 

[iAdam]

They should of use dontuseinsta .com

 

[xynames]

Should fall under fair use exception such as paypalsucks dot com

 

[Samer]

The majority of people who use facebook are wasting their time.
Posting some crap pictures and waiting for other people to like.

Or some stupid people post vacation pictures and said "We are in Italy right now".
Another word "Come to rob our house, no one is home now".
ComeToRobMyHouse.com is available.

How many of your “social media” friends would come to your aid in emergency.

If you dont have their phone #, it doesnt count.

 

[MadAboutDomains]

Looks like a good website to me. Their "short list of issues" included are, however, things not worth caring about.

Created by an SJW, but still some valid points in there.