The US Kirusa initiated a lawsuit in the US against Instagram which aim is to find non-infringement and non-dilution of the Instagram trademark.
The case at hand concerns a registered trademark for Instavoice by Kirusa which was attacked with cancellation by Instagram based on its earlier well-known trademarks.
According to Kirusa, there are no similarities between the signs because the prefix Insta has weak distinctive character, it means something instant, fast.
The company claimed that its registration for Instavoice mark has been done in good faith at least because the company is not a direct competitor to Instagram and do not threaten its business model.
What’s more, Kirusa asked the Court to order Facebook, as an Instagram’s mother company, to stop blocking Kirusa’s profiles and applications in the social network.
This case is part of a more broader approach by Instagram to prevent using the Insta and Gram prefixes and suffixes as trademarks. In light of that, the company has been attacked more than 200 such trademarks trying to accomplish this strategy.