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Comment by coastermug | Hacker News Reader

My partner runs a small brand, which attracted a copycat page clearly designed to scam users out of money for giveaways. She attempted to “get verified” and was denied because there was not enough news stories about the brand. We own the trademark to the brand name, and the verbatim copying of the copycat clearly infringes copyright. The only option we have is to file a trademark dispute through Instagram, but that involves handing over business information to the offending scammers, which seems like it could have unintended consequences. My whole strategy has been to tread lightly, as I’ve read so many horror stories of people losing their accounts, or the wrong account being banned. I genuinely don’t understand why the Instagram platform is so permissive to clear scammers.

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If they're actually infringing your copyright with the copied content then a DMCA takedown should be a more reasonable prospect. Most platforms have highly lubricated paths for that, and you won't need to provide the scammer with more than a contact information for your attorney.

Most likely they won't respond and will just be taken down. They might file a false counternotice but if so you'll get their contact information and shouldn't be worse off than if you'd done nothing.

If you're on the fence because you are concerned that the scammers might retaliate, keep in mind that if you knowingly allow scammers to defraud people under your name when you could do something to stop isn't the most moral choice-- even if its the easiest one.

Then again, I'm currently targeted by a multibillion dollar lawsuit because I called out a scammer in my former industry, so maybe don't take my moralizing at you too seriously. :)

I've had my personal photos stolen by Instagram spammers, and using their DMCA takedown process, I was able to get them removed within 24 hours.

A lot of these platforms will limit or ban accounts that accrue DMCA takedowns. Sumbit a new takedown for each instance of copyright infringement you find.

"I genuinely don’t understand why the Instagram platform is so permissive to clear scammers" - more traffic, apes together strong?

Meta gives no fucks is why. I’ve reported many scammers and fake profiles on Facebook and always get replies back about that the profile does not violate community standards. That is because the only standard Meta has is if the fake profile keeps posting even if it is a scam even if it is fake news that is fine by them. I had a friends account taken over by some scammer and he changed the profile picture and location and everything so tried to report it, you only get limited options of what to report there is no “someone took over my friends account” option, but nothing was done. So now my friends fake account is out there doing whatever it wants. Just realize Meta gives no fucks about you or your wife and would rather a fake profile on their platform.

Generate several cleverly designed scam accounts yourself using burner credentials which eventually redirect to the official entity. Out-scam yourself and the scammers by becoming the flood.

They have no incentives to care. You're no one to them, and they have no legal obligation to do anything about it.

See a Trademark lawyer. Do so now.

Does this really work? As various phone scams reveal, most scammers are overseas in jurisdictions outside where lawyers can do anything.

A cease and desist letter from your lawyer to instagram's lawyers should do the trick.

Instagram are the party one needs to get the attention of in this instance as they control the platform.

Instagram is the target, not the scammer. And yes, it works.

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