Trademark infringement

[The Carfisher]

It's a question that has now been made significant and just wondered where we stand.

Without naming companies I will give you an overview and would love to get some advise.

We have been running a giveaway page on Instagram. We have been purchasing products from a company and giving them away to our members.

Let's use Next, The clothing retailer as an example.

Lets say we had an Instagram page called 'NextGiveaways'. We run giveaways for items from Next. We specifically state we are not associated with the retailer in anyway but have their name in our handle. Everything we give away is bought from Next. Using this name has got us quite a good following on Instagram.

Where do we stand with using the name 'NextGiveaways?

 

[The Carfisher]

At this point we have only been kindly asked to change our Instagram page name or delete it with no further action...

 

[fisicx]

Don’t try to fight it. Change the name. Businesses are very protective of trademarks, you will always come out worse in a fight. Even if you win, your legal costs could be huge and unrecoverable.

 

[Mark T Jones]

Agree with @fisicx - pick your battles

Win or lose, this one will be costly and distracting

 

[MOIC]

If your example was true and involved Next products, then you’ve associated the page with Next.

However if your giveaways were nothing to do with Next, and were in fact generic with no labels, then Next couldn’t complain.

You’ve said it yourself:

Using this name has got us quite a good following on Instagram.

You’ve profited using their name and brand, as well as potentially confusing customers that the giveaway is associated with Next.

Do what you’ve been asked to do, pronto.

 

[MBE2017]

The real question OP is how much money do you have to fight such a case? Any such legal case could run in many £, and they will claim for their legal costs if it is possible.

 

[The Carfisher]

Thank you for your responses. As I say, they have kindly asked me to take the account down or change the name, so nothing legal at this stage. Just seeking a little advice first but sounds like I should adhere to their polite request. Thank you.

 

[MBE2017]

Thank you for your responses. As I say, they have kindly asked me to take the account down or change the name, so nothing legal at this stage. Just seeking a little advice first but sounds like I should adhere to their polite request. Thank you.

Don’t forget to inform them of your decision, dates of taking your instagram down with proof etc.

 

[MikeJ]

It may be worth going back to them to explain exactly what you're doing and why. There may be a compromise somewhere, as if you've got a decent following they may be interested in you carrying promotions for them in return for you continuing to use their name. I'd state that you will take it down if you can't agree a mutually beneficial way forward. It really depends on how big the other brand is, and if they consider you're doing them reputational damage.

 

[ethical PR]

Thank you for your responses. As I say, they have kindly asked me to take the account down or change the name, so nothing legal at this stage. Just seeking a little advice first but sounds like I should adhere to their polite request. Thank you.

Are you having a laugh?