Someone Is Using My Brand Name on Instagram: What to Do

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 of people assume you “don’t have a trademark” until you file paperwork with the USPTO. In reality, in the U.S., trademark rights can start simply by using a distinctive name in commerce—meaning you’re actually using the name to sell goods or services, advertise, take orders, invoice clients, or otherwise do real business under that name. Those are often called common-law trademark rights.

That said, registration usually makes enforcement easier and cleaner because it creates stronger proof of ownership and can expand protection beyond a small geographic area. Common-law rights often depend heavily on where and how you’ve been doing business.

That can mean, if you’ve been using your brand name first, and you can prove it, you may have rights that let you stop a later user from creating confusion. At least in the areas where your business has an established presence.

What counts as “proof” of use?
Common examples include:

Screenshots of your website showing the name and the services/products you offer
dated social media posts showing consistent branding
invoices, receipts, contracts, proposals, or client communications with the brand name
marketing materials (flyers, business cards, ads) with dates
Google Business Profile listings, press mentions, or event sponsorships tied to the name

But there are real limits to common-law rights.
Unlike a federal registration, common-law rights usually aren’t nationwide. They’re typically tied to where you actually do business (or where you can show meaningful reputation and customers). So if you’re a local service business in Orlando, your strongest rights may be in the Orlando market—while someone in another state might claim they’re not stepping on your toes. Online businesses can sometimes show broader reach, but you still want evidence: customers in different states, online sales records, shipping logs, ads targeted outside your city, etc.

What to do right now if you spot a confusingly similar Instagram handle

Think of this like preserving evidence after a crash: you want to capture the scene before it changes.

Screenshot everything

The username and profile name
Bio, links, contact info
Posts and story highlights – especially anything that mimics you and your brand
Any messages from confused customers

2. Save direct URLs

When reporting to Instagram/Meta, they often ask for URLs to identify the allegedly infringing content. (facebook.com)

3. Gather your proof of use
Create a simple “brand timeline” folder:

When you started using the name (website launch date, first invoices, first sales)
Your domain registration
Your logo files and dated drafts
Marketing materials, receipts, ads, packaging
Any press mentions

4. Check whether it’s confusion or coincidence
Some names are genuinely similar by accident. Others are copying your look, your wording, or your market. Note whether:

They sell similar products/services
They use your city/keywords/branding language
They reference your company or followers

Important Tip: Common mistakes can make the situation worse.

People often wait too long to act, assuming the issue will resolve itself or that the platform will fix it automatically. Others react emotionally, sending threats, posting callouts, or reporting without solid documentation. Which can backfire and make it harder to prove where confusion lies and harder to protect their rights.

Another big one is accidentally undermining your own claim by using the name inconsistently, for instance, different spellings, logos, handles, or by not securing the basics like matching domain names and social handles.
Lastly, some people rush into a rebrand or buy the handle without understanding their rights first. Sometimes there is a smarter, documented approach that can solve the issue without spending money or giving up leverage.

Here’s what I recommend avoiding:

Starting a public “call-out war” in comments
It feels satisfying for about 30 seconds, then it becomes screenshots in someone else’s file.
Filing a report without evidence
Meta warns that IP reports are serious and that misleading or fraudulent reports can lead to consequences (including action on accounts). (facebook.com)
Assuming “I own the handle because I thought of it first.”
Trademark rights usually focus on use in commerce and consumer confusion, not just who had the clever idea.
Waiting too long
The longer confusion exists, the more damage it can do—lost customers, bad reviews meant for you, diluted branding.

How reporting to Instagram usually works (at a high level)

Instagram (through Meta) allows rights holders or authorized agents to report trademark infringement and provides an Intellectual Property Reporting Center for tracking reports. (p-upload.facebook.com)

In general, a trademark report may ask for:

Information to locate the content (often direct URLs)
Your contact information
A description of how the content violates your trademark rights (facebook.com)

What’s important to know also is that someone having a similar username isn’t always enough on its own. Reports tend to go better when you can show clear brand ownership and a strong case of consumer confusion, especially if they’re selling, impersonating, or using your brand assets.

What a lawyer can do that saves time and headaches:

Even if you’re not looking to “go nuclear,” having a lawyer involved can keep things calm and effective.

A trademark/IP attorney can help by:

Evaluating whether the similarity is legally meaningful (not just annoying)
Advising what evidence matters most (and what doesn’t)
Sending a professional cease-and-desist that doesn’t accidentally overstate your rights
Helping you pursue an Instagram/Meta trademark report the right way
Filing or strengthening trademark protection so you’re not fighting uphill next time

Here is a realistic example to help you understand what this situation could look like:

A local service business built a following for years under its name. A newer Instagram account popped up using the same name with a small spelling tweak. Customers started messaging (DM’ing) the wrong account for quotes, and as a result, a few negative comments were left on the original business page after the copycat didn’t respond.

Once the business documented the first use, captured the confusing posts, and handled the communications properly, the situation became much easier to resolve. The turning point wasn’t anger. It was organized proof.

Overall, if someone on Instagram is using almost the same name as your brand, you don’t have to guess or spiral. Treat it like a problem that needs documentation, strategy, and a calm follow-through.

If you want help evaluating whether the name is “confusingly similar” in a way the law recognizes, as well as what your best next step is, call Tucker Law at 1-800-TUCKERWINS. We’ll talk through what’s happening, what to preserve, and what options make sense for your business moving forward.