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:

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.

Guest User