Someone on Instagram Is Using My Brand Name on Instagram / a very similar name to mine: What to Do Next Without Panicking. If you’ve searched your brand on Instagram and have seen a few others with the exact or almost identical name to yours and completely panicked, you’re not being paranoid. You’re noticing something that can genuinely hurt your business, leaving you confused about what you can do about it. As a South Florida lawyer, I see “collisions” in more than one form. In the IP world, it’s when two names start occupying the same space. Whether that's on Instagram, in search results, and in customers’ minds. The frustrating part is that even a small overlap can snowball into real confusion if you don’t document it early and handle it the right way. This post is a simple roadmap for what to do when someone’s Instagram username/social media username looks confusingly similar to your brand. First and foremost: “Almost the same” can be a real issue You don’t need an exact copy for it to be a problem. In trademark land, the big question is whether the name is likely to confuse customers about who’s who. That confusion can look a couple of different ways, for instance: Customers tagging the wrong account DMs meant for you to land in their inbox People think it’s your “new page.” Followers buying from them, believing it’s you If you’re in similar industries or they’re using your logo, your photos, or your style/color palette, the confusion risk gets even higher. Do I have rights if I never filed a trademark? Maybe, yes. In the U.S., trademark rights can come from using a distinctive name in commerce. A lot [...]

You finally hit publish. Your podcast artwork looks sharp, your intro music slaps, and then—boom—you discover a YouTube channel with the same name. Maybe they’ve been around longer. Perhaps you’re the one who’s been building quietly in your own corner. Either way, you’re asking the question everyone asks in that moment: "My podcast name matches someone else's YouTube channel... who wins?" Here’s the truth: it’s not as simple as “first to use it” or “first to register it.” Name disputes usually come down to one big idea: would people realistically get confused? Let’s break it down like a real-world problem, not a law school exam. Why this is happening so often: We’re living in a “search bar economy.” Names collide because: Podcasts and channels are easy to start, so lots of people start them. Creators pick catchy names without checking whether they’re already in use. Platforms don’t do a trademark-style screening before letting you create a show or channel. When two creators share a name, the law doesn’t automatically “award” it to the bigger platform or the louder audience. It examines the name's impact in commerce and what the public is likely to perceive. The real question: are people likely to be confused? In trademark law, the core issue is “likelihood of confusion.” In simple terms: If an average listener/viewer sees your podcast name and their YouTube channel name, will they assume it’s the same brand, the same creator, or somehow connected? Confusion can look like: Someone subscribes to the wrong channel, thinking it’s yours A guest or sponsor emails the wrong business Reviews and complaints get mixed up Fans think you “copied” each other (even if neither of you did) If confusion is likely, [...]

I’ve Used This Name for Years but Never Registered It… Is It Too Late? To answer this simply. Not necessarily. But there are a few myths that can get you into trouble fast. If you’ve been using a business name for years—on your website, invoices, social media, signage, maybe even on the side of a work van—and you’ve never filed a trademark, you’re not alone. A lot of business owners assume registration is something you do “once you get bigger,” like upgrading from a garage to a warehouse. Then one day, you Google your name and feel your stomach drop. Somebody else is using it. Or you try to register it and find out someone already beat you to the punch. 1) “I never registered it, so I have no rights.” In the U.S., trademark rights can come from use, not just paperwork. If you’ve been using a distinctive name in commerce—meaning real business activity, not just an idea—you may have what people call common-law trademark rights. Think of it like “calling dibs” in the real world. If you’ve been using the name openly with customers, you may have priority over someone who showed up later. But here’s the important part: common-law rights are often limited to the geographic area where you’ve actually built recognition. If you’ve served clients in South Florida for years, you may have strong rights there. That doesn’t automatically mean you have rights nationwide. 2) “If I register now, it protects me retroactively.” This is one of the most common misconceptions. Trademark registration is not a time machine. Filing now doesn’t magically rewrite history or erase someone else’s earlier use. Registration can strengthen your position going forward, and it can create [...]

You finally land on the perfect business name. It fits your vibe. You can already see it on a sign, a website, and a hoodie. Then you try to claim it online... Instagram: taken. TikTok: taken. YouTube: taken. The domain: taken. Even the Gmail address is some random combination of your name plus 47 underscores. Now you're wondering, "Why does My Business Name Keep Getting 'Taken' on Every Platform"? If this has happened to you, you’re not alone. And it doesn’t necessarily mean you picked a “bad” name. It just means you bumped into a modern reality: the internet is crowded, and naming is no longer just a creative decision—it’s a clearance decision. Let’s talk about why it keeps happening, what actually matters legally, and how to stop stepping on landmines before you spend money on logos, wraps, menus, packaging, and marketing. Why everything is “taken” now (and why it feels personal): Think of business names like license plates. There are only so many short, catchy combinations that are easy to spell, easy to remember, and look good in a profile bio. The platforms are also global. Someone in another state—or another country—can “own” the handle even if they’ve never opened a real business. Sometimes they’re using it. Sometimes they grabbed it and forgot about it. Sometimes they’re holding it like digital real estate. So yes, your name might be “available” in your town, but “taken” online in five different places. Important: A taken username is not the same thing as a protected trademark This is where people get tripped up. A social media handle is basically a platform’s username system. It’s not a legal ruling on who has rights to the name. Platforms usually [...]