The social media app Instagram was launched on October 6, 2010. Almost three months later (on December 22, 2010) the domain name
At the time of their domain registration, Instagram was virtually unknown in the USA and certainly in the Netherlands. Defendant was not even aware of the existence of this company. Defendant at the time intended to launch an online shop for the sale and home delivery of cannabis products. The services were to be offered under the name ‘Insta Gram’. At that time investment in the start-up had already amounted to € 30,000 and discussions with investors were ongoing. However, due to legal red tape, things ran behind schedule. Defendant therefore has an interest of their own in this name.
In view of this defense, the failing documents Instagram’s claim was rejected. This is not a simple matter of the sort UDRP is meant for, but for litigation. Note that Instagram only registered its trademark in the EU in 2011. If the trademark had been registered before the launch, this would probably have yielded a different decision. Therefore, don’t rely on use, but apply for trademark protection in good time (well in advance).
