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Want to publish book "instagram dairies" can there be any objection


10-Dec-2023 (In Trademark & Copyright Law)
We are a group we post our work on instagram application now we want to publish a book and we want to keep name of the book as "instragram dairies". My question is do we require any kind of permission from instagram for using the name or we can use it without any permission and if we are required to take permission what the legal steps to follow.
Answers (3)

Answer #1
632 votes
Even instagram is not the author of the posts made on it. However, it is definitely a branded platform for the same. You have to take permission before using the said brand name for your own purposes. You can seek an assignment of the same under an appropriate and well drawn agreement.
Answer #2
964 votes
You will have to take prior approval from Instagram since they are the owner of the Trade Mark

2645946 41 INSTAGRAM 1683 INSTAGRAM, LLC 1601 Willow Road, Menlo Park, California 94025, United States of America. Accepted & Advertised
APPLICATION DATE : 19/12/2013 USER DATE :
GOODS/SERVICES : Providing computer, electronic and online databases in the field of entertainment; electronic journals and web logs featuring user generated or specified content; publishing of electronic publications for others.
Answer #3
671 votes
Instagram is a well know trademark and the company is very keen on protecting its name. Recently, I had come across several articles which stated that Instagram was quite active in protecting its intellectual property rights and was in fact hunting down people/organisations who were using the word instagram, insta or gram in their works. Instagram basically sent them notices to stop using its name on their products/services.

Thus, it would not be advisable that you publish a book by using the word "Instagram" in its title, without seeking prior approval of Instagram. While I am sure that Instagram would be happy to consent to lend its name to your book, I also think that it would seek to charge some royalty for the use of its trademark. If you wish to contact them through a lawyer and negotiate a deal, I would be most happy to help.

One other thing, while it may not be correct or prudent to publish your book using the word "instagram", it is however completely safe if you use a tag line or a sub-heading saying that its a collection of your work posted on Instagram. Using the word in a tag line or sub-heading or a subtitle would be clearly lawful.

If you have any further queries, do let me know.

Thanks

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