Recognized as one of the most widely used and popular social media platforms online, Instagram has evolved considerably since it was first launched in 2010. The social platform started as a photo-sharing app and has become a powerhouse for B2B, B2C, and D2C enterprises looking to connect with visually-driven audiences.
Ultimately, no matter if you’re looking to sell products, services, or drive profits as an Instagram influencer, understanding the legal aspects of running a brand on Instagram is important. Without the right legal protections, there is a high chance of brand infringement, financial loss, and even the threat of litigation.
Here are key legal guidelines to help you safeguard your brand on Instagram.
Why is Protecting Your Brand on Instagram Important?
Instagram can be an incredible boon to many businesses, but the platform also presents multiple threats. You must be vigilant about:
- Preserving your business’s reputation. It’s entirely possible for other people or organizations to create spoof accounts that mimic your brand–and if this type of account remains active for too long, it can prove damaging.
- Avoiding customer confusion. Along the lines of protecting your reputation, know that competitors and imposters can easily snag your company’s intellectual property (IP), including your logo, content, imagery, and variations on your brand’s name… and misuse them. This, in turn, can create customer confusion when someone is seeking you out specifically, and it can erode trust and threaten your sales.
- Preventing against financial losses. Simply put, by protecting your brand on Instagram you prevent trademark infringement, which can result in financial losses.
- Establishing trust and recognition. By protecting your Instagram brand and showcasing your legitimacy, you can build loyalty and trust among consumers, which can lead to new revenue streams, repeat business, an increase in followers and user engagement, and referrals to your products and services.
- Remaining visible. On Instagram it’s all about standing out and being unique. By taking the time to invest in protecting your Instagram business you differentiate yourself from other content creators and get more eyeballs on your handle.
Ultimately, competition on Instagram is high and if you don’t protect your brand you risk imitation, counterfeiting, brand hijacking, and customer alienation. Additionally, as you expand, it’s key to protect your IP and adhere to all laws and regulations in order to prevent from being sued or losing money.
What are the First Steps in Brand Protection on Instagram?
The first steps in brand protection on Instagram include:
Choose the Right Business Structure
One of the first steps in protecting your brand is identifying the right business structure. This decision is important because it not only establishes liability and how you pay taxes, but also customer perception.
There are four primary business structures:
- Sole Proprietorship: This is essentially a business structure where there is no distinction between the owner and the business. It’s the simplest in nature and is oftentimes used by freelancers. However, this structure also offers no separation between personal and professional assets. This means you’re personally responsible for any debts or legal issues that occur.
- Partnership: This is a business that is formed where two or more individuals share ownership and responsibility for a business. They contribute assets, property, and the like, and share profits and losses. This is, essentially, the same format as a Sole Proprietorship, just involving more owners.
- Limited Liability Corporation (LLC): By far one of the most popular business structures for small businesses, LLCs provide a layer of protection by separating personal assets from professional. If your Instagram business incurs debt or you face a lawsuit, only business assets are at risk, and personal finances are off the table. Of course, while this is a popular business structure, there are different requirements for forming an LLC based on where you start the company. For instance, the instructions for how to start an LLC in California are different from launching in Michigan or Florida.
- Corporation: By far the most comprehensive and complex business structure, a Corporation is much harder and expensive to set up and requires more documentation and recordkeeping, but is also ideal if you plan to grow your company. A corporation can attract outside investment and access different forms of capital. It also can create a stronger brand presence–but there is more liability.
When determining what business structure is right for your Instagram business, it is important to consult with a lawyer, business consultant, or CPA.
Choose a Unique and Protectable Brand Name
Your brand identity is not only important for remaining top of mind with your audience and customers, but it is also essential for legal protection. Consider the following:
- Avoid Confusion: A brand’s name should be distinctive and unique in order to avoid confusing it with other competitor brands. It’s necessary to conduct considerable research to see if there are similar brand names being used on Instagram as well as other social platforms online.
- Trademark Searches: Prior to committing to a brand name, run a trademark search. This enables conflict to be avoided with businesses that are already operating and established. Head to the United States Patent and Trademark Office (USPTO) website to do this research. It’s easy and free.
- Descriptive vs. Distinctive: A common name like “Instagram Art Shop” may be more difficult to protect than something brandable and novel such as “Kaleidoscope Kreations.”
Investing some time into making sure your Instagram business’s name is as individual as what you’re planning on selling–while confirming its availability for use–can help you avoid legal headaches down the road.
Register Your Trademarks
After you have chosen your brand name, now you must protect it by registering a trademark. This will legally safeguard your business’s name, logo, as well as any unique taglines or phrasing you may choose to use.
There is a cost to trademark your brand and this can vary depending on the class of goods or services you are offering, the application type, and if you choose to use a lawyer to assist you in this process. But, trademarking also gives you exclusive rights to anything associated with your brand and prevents others from using anything similar.
It is possible to find out more about trademarking by once again visiting the USPTO website.
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Copyright and Content Creation
Instagram is a visual platform, therefore creating original, compelling content should be considered a major driver in your brand’s business strategy. In turn, you must also protect the content by copyrighting it.
A copyright protects your original work, this includes photos, videos, and written content that you post. You own the copyright on this material unless you give someone else permission to use it.
However, you must also be aware of Instagram’s terms and conditions. The platform states that while you do, in fact, own your content, you also automatically grant Instagram a license to use it as needed within the overarching ecosystem.
Finally, a best practice to consider here is to add watermarks or copyright notices on photos and videos. This can serve as a deterrent to anyone who may attempt to reuse your material.
Protecting Your Brand from Imitation and Counterfeiting
As your Instagram business grows and consumers become aware of your brand, there may be attempts by others to imitate it or create counterfeit versions of your content or products.
In this regard, regularly searching for Instagram accounts that are impersonating you is a good approach. These accounts carry with them the potential to hurt your reputation if a customer mistakes them for your official handle/profile.
If you do come across a counterfeiter, Instagram has reporting tools you can use to alert the platform so they can be taken down.
Also consider applying for a verified badge on Instagram, which lets your audience know that your profile is 100% legitimate. This boosts credibility and makes it that much harder for an impersonator to fool your audience.
Compliance with Advertising and FTC Guidelines
The presence of promotions and partnerships are quite common on Instagram. As such, you must be aware of the legal obligations that your brand may be subject to. For instance, if you are promoting a product or service as an influencer, and are being paid or receiving something for free in return, you must disclose this to your audience. It is common to use hashtags like #ad, #advertisement, and #sponsored to communicate this.
Another best practice is to ensure disclosures related to paid partnerships or promotions are showcased at the beginning of a written caption on a post, so a viewer sees them the moment they start reading.
It’s also wise to confirm that any agreement you have with another brand includes legal clauses that address disclosure and compliance. This protects both parties.
Privacy and Data Collection
A final item that your Instagram brand must be sensitive to is how you collect and handle customer information. This is especially true if you gather data via user interactions, sales, and giveaways.
Always ensure your collection methods are secure and try to limit the amount of personal information you are asking for. Also, if you serve customers who are physically located in the European Union or California, you must follow data protection laws like GDPR and CCPA.
It is necessary to be completely transparent about how you collect, store, and use data. It’s wise to communicate this in a privacy policy that you make available to your followers.
Approaching this correctly will build affinity and trust among your users, showing them that you place value in their privacy.
Safeguarding Your Brand: The Key to Instagram Success
Running an Instagram business can be fun and highly rewarding. The platform offers unparalleled growth potential, but it is crucial to protect your brand legally. By taking steps to secure your brand name, trademarks, IP, and the like, you are likely to establish a solid foundation that preserves your creative work, builds trust with your customers, and ensures you remain fully compliant.
As you take steps to launch and run an Instagram business, remember that it’s worthwhile to consult with an attorney or business consultant to make sure you check all of the necessary boxes.
