How can I make sure the content I post to Instagram doesn't violate trademark law?

Under Instagram's Terms of Use and Community Guidelines you can only post content to Instagram if it doesn't violate the intellectual property rights of another party, including trademarks. Please note that as an Instagram user, you are responsible for the content you post. If your content violates Instagram's policies or is reported to Instagram as infringing the intellectual property rights of another party, Instagram may remove that content.

Before you post content, you might want to ask:

  • Have I used someone else's trademark to sell or promote goods or services in a way that may confuse people?
  • Does my use of a trademark only refer to someone else’s goods or services, or make some other type of non-infringing use of the trademark (ex: using a trademarked word in its ordinary dictionary meaning, or using the trademark in a way that is not related to the sale or promotion of products or services)?

If you have questions about trademark law or whether your content infringes another party’s trademark rights, you may want to contact an attorney.

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