Your Brand Is Getting Copied on Instagram—Now What?
In 2025, social media is where most brands build visibility—and where scammers, competitors, and counterfeiters are waiting to piggyback off your success.
If someone is copying your brand on Instagram—using your logo, name, content, or pretending to be your business—don’t panic. There are clear legal steps you can take to document the infringement, get content removed, and protect your rights going forward.
Let’s walk through exactly what to do.
Step 1: Take Screenshots and Document the Infringement
Before you report or contact anyone, preserve evidence.
Screenshot the profile, bio, posts, stories, and comments
Record the username and any links in their bio
Note the date/time of discovery
Use tools like the Wayback Machine or archive.today for public records
Why this matters: If legal enforcement becomes necessary, you’ll need proof of the infringing use.
Step 2: Check If the Content Clearly Violates Your IP
There’s a difference between coincidence and infringement. Ask:
Are they using your logo, product name, or brand elements?
Is the content likely to confuse your customers or clients?
Are they selling similar products or services?
Have you already registered your trademark?
Even if you don’t have a registered trademark, you may still have enforceable common law rights if you’ve been using the brand name commercially.
Step 3: Report the Account or Content to Instagram
Meta (Instagram’s parent company) provides official tools to report:
Impersonation accounts: Pretending to be your brand
Trademark violations: Using your protected name/logo
Copyrighted content: Photos, videos, or written material copied from your account
Where to File Reports:
Impersonation: https://www.instagram.com/hacked
Trademark violation: https://www.facebook.com/help/contact/1758255661104383
Copyright takedown (DMCA): https://help.instagram.com/contact/372592039493026
It can take 24–72 hours to get a response. Instagram may remove the content or shut down the account if they find a violation.
Step 4: Send a Cease-and-Desist (Optional, But Strategic)
If Instagram doesn't act or the infringement continues across platforms, a formal cease-and-desist letter from a lawyer can help:
Deter the infringer with legal language
Protect your legal rights (especially if litigation may follow)
Show you’ve made good-faith efforts to resolve the issue
Tip: This is especially useful if the infringer is a competitor or reseller.
Step 5: Register or Review Your Trademark Status
If you haven’t already registered your trademark with the USPTO, now is the time.
Here’s why it matters:
A registered trademark gives you nationwide legal protection
It strengthens your claim in takedown requests
It opens the door to international filings and customs enforcement
It lets you sue in federal court and recover damages if needed
Already filed? Make sure your goods/services, logo, and categories are up to date.
Step 6: Monitor for Repeat Offenders and Broader Infringement
Infringement often spreads beyond Instagram—onto TikTok, Facebook, Etsy, or even Amazon.
Use tools like:
Google Alerts for your brand name
Brand registry services (Amazon, Meta)
IP monitoring software for ongoing protection
Need Help Taking Action?
At Borderless Counsel, we help businesses protect their brands across social media, e-commerce, and global markets.
Whether you need:
A takedown request
A cease-and-desist letter
Trademark filing or portfolio management
Litigation strategy for repeat infringement
We’re here to help you defend what you’ve built.
Book a consultation, contact us now: info@borderlesscounsel.com
This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney regarding your unique situation.