Protect Your Business Content and Brand on Instagram

One major risk of using Instagram for business is the ease with which scammers and unauthorized sellers can copy your original content and share it on Instagram or other platforms as if it's their own.

Scammers often hide behind fake accounts or misleading ads, making it harder for creators and businesses to protect their work.

For bloggers, photographers, and other creatives whose livelihoods depend on creating content and small businesses selling their products and services, seeing their hard work stolen and reposted without credit can be infuriating.

It's not just unfair; it can harm your brand and reputation, too.

How Scammers Impersonate Legitimate Businesses on Instagram

One of their tactics is creating fake accounts that look strikingly similar to the real thing. For instance, they might add a slight variation to your brand's name, like including a country name, to trick consumers into believing it's a regional account run by an authentic business.

A significant portion of this fraud comes through online ads, particularly on Instagram and Facebook (now Meta). Scammers copy photos, logos, and other design elements directly from genuine businesses to make their ads look convincing. This creates confusion among shoppers, who often can't tell the difference between a fake account and a real brand.

Another tool they use is Hashtags. Scammers often use the same hashtags as legitimate businesses—like #YourBrandName or #BestDeals—to mislead users searching for authentic products. Again, this can be a confusing experience for shoppers. When searching for their favorite brands, users might see a mix of genuine and counterfeit goods, making it hard to identify what's real and what's not.

Once scammers grab attention, they usually direct shoppers to fake websites outside Instagram. There, unsuspecting customers might place orders and receive counterfeit goods, low-quality products that look nothing like what was advertised, or—worse—nothing.

How Online Infringements Harm Your Brand

Online infringements don't just hurt your sales; they can have far-reaching consequences for your business. Here's how:

1. Lost Revenue

Counterfeit products, especially those that closely mimic your brand (known as deceptive counterfeiting), lead to significant revenue loss. Every sale that goes to a scammer is a sale your business could have made. Worse yet, the more counterfeit goods flood the market, the harder it becomes to maintain your legitimate sales and pricing. Over time, this can dilute your brand's value and perceived exclusivity.

2. Unfair Competition

You've worked hard to build a recognizable brand backed by quality products, customer trust, and reputation. Scammers, on the other hand, cut corners—they offer counterfeit goods at low prices because they don't invest in product quality, customer service, compliance with regulations, or even paying taxes. This creates an unfair playing field where scammers benefit from your efforts while misleading your customers.

3. Damaged Reputation

One of the most damaging consequences of online infringements is how they harm your brand's reputation. When customers unknowingly purchase a counterfeit product and receive a low-quality item—or nothing at all—they often blame the authentic brand. Many consumers don't realize they were scammed until it's too late, leaving them frustrated and distrustful.

Even when customers figure out they've been deceived, their confidence in your brand can still take a hit. In their minds, your name becomes associated with scams, poor quality, and disappointment—through no fault of your own. Repairing that kind of damage takes time, effort, and resources.

How To Protect Your Brand and Content on Instagram

Register Your Trademarks and Copyrights

The first step is registering your business as a legal entity and protecting your trademarks and copyrighted works.

· Trademarks: Register your brand name, logo, or any other unique symbols or phrases that identify your business. A registered trademark gives you the exclusive right to use, sell, or modify your brand both online and offline, including on Instagram.

· Copyrights: If you create photos, videos, or written content, registering them with the Copyright Office is essential. While your content is automatically copyrighted when created, formal registration offers extra legal protections.

Why is copyright registration important?

You must register your work to file a copyright infringement case in court.
If you register within 3 months of publishing, you can claim statutory damages and attorney's fees. Without registration, you may only get "actual damages," which are harder to prove.
It provides stronger evidence of ownership, which makes winning a case easier.

2. Use the Copyright Symbol

While not as powerful as registration, placing a copyright symbol on your Instagram photos can act as a deterrent. It signals to others that the content is protected and belongs to you.

Format for a copyright notice:

If you register your content within 3 months of publishing, this symbol, combined with registration, strengthens your legal case if someone infringes on your work.

3. Watermark Your Photos and Videos

Watermarking your photos adds a visual mark, like your name or logo, that identifies you as the creator. While advanced tools can sometimes remove watermarks, they still serve as a deterrent and a clear indicator of ownership.

If someone removes the watermark, it's additional proof of intentional infringement—a violation that strengthens your case in court if your work is registered.

4. Report Infringement to Instagram

Instagram offers tools for reporting copyright and trademark violations. If you notice someone using your content without permission or impersonating your brand:

Use Instagram's reporting system to flag the infringement.
For impersonation, submit a request with a valid ID to have the fake account taken down.

While it's not always clear if registration is required, reporting unauthorized use of your content is a crucial step to stop infringements quickly.

5. Send a Cease and Desist Letter

If you find someone stealing your content, you can send a cease and desist letter demanding that they remove your work and compensate you.

Keep your demands realistic: If you're not prepared to take legal action, avoid making exaggerated threats or asking for unreasonable amounts.
Remember, if your content isn't registered, you may only be eligible for actual damages, which are harder to quantify, rather than statutory damages or attorney's fees.

Check if someone is stealing your content

The easiest way to find out who steals your content or imitates your brand is to use a digital monitoring solution, like that included in Bitdefender Ultimate Small Business Security.

Business Assets Exposure, included within Bitdefender Ultimate Small Business Security, helps business owners and security admins keep track of any breaches, misuse, and impersonation of their key business information. It monitors:

Business email
Business credit card
Social media accounts

Once you've set up Business Assets Exposure as part of your subscription, you can review any breaches involving monitored assets. You'll be notified of breaches, the services involved, and the categories of exposed data (like emails or usernames).

For each monitored component (business email, credit card, and social media), you'll receive tailored security recommendations.

Bitdefender Ultimate Small Business Security is an all-in-one solution designed specifically for small businesses, offering advanced tools like email protection, anti-phishing and scam defenses, digital identity monitoring, and data breach prevention.

Check out the plans here.

If you are a solopreneur or freelancer, consider using Digital Identity Protection to keep an eye on your small business identity. Digital Identity Protection is simple to set up. All you need is your name, most frequently used email (or business email), and phone number. With this information, the tool scans both the Surface Web and the Dark Web to find any personal data that's been exposed or if anyone is trying to impersonate you.

FAQs

How can I report trademark infringements to Instagram?

Start by contacting the infringer directly and requesting they remove the content or account. A polite, firm message can sometimes resolve the issue quickly.

If that doesn't work, you can use Instagram's reporting tools:

For Trademark Infringement: Use Instagram's Trademark Report Form. You'll need to provide proof that you are the registered trademark owner, including your registration details and relevant URLs showing the infringement.
For Counterfeits: Counterfeit products also fall under trademark violations, so you can report them using the same form.
For Copyright Infringement: Use Instagram's Copyright Report Form. Submit all required details, including links to the unauthorized content and your original work.

How can I protect my brand on Instagram from content theft and scams?

To protect your brand on Instagram from content theft and scams, start by registering your traditions and copyrights to establish legal owners. Instagram's brand name, logo, and content. Use watermarks on photos and videos to deter unauthorized use, and monitor your brand name and hashtags regularly to spot fake accounts, counterfeit goods, or scam ads. If you find infringement, act quickly by notifying the infringer or using Instagram's reporting tools to file a trademark, copyright, or counterfeit complaint. Combining proactive legal protection with active monitoring ensures you can minimize risks, safeguard your brand's reputation, and protect your hard work.

How do I monitor Instagram for trademark or content infringements?

Regularly search for your brand name, logo, and related hashtags. Look for accounts using similar names, images, or content that could mislead customers. Use tools like Instagram's search feature or Bitdefender Digital Identity Protection (if you are a solopreneur) or Business Assets Exposure, included in Bitdefender Ultimate Small Business Security, if you have a business with min 3 employees.

Both are monitoring services that track mentions of your brand and spot unauthorized use. Staying proactive allows you to identify and address infringement quickly, protecting your brand's reputation and intellectual property.