Now lawyers for instagram have threatened him with litigation unless he changes his name.
Whilst many will have sympathy with Mr Lucas the owner of the litter app – its highly likely that he would lose any legal fight. Any defence will be based on the argument that there is no confusion between the two brands but its difficult to see how he could avoid the bigger issue of passing off.
He could arge that the ‘gram’ element has now become very generic and adding litter clearly distinguishes his site from instagram. That said 6 months does seem a fair amount of time to rebrand as in reality Instagram’s lawyers could have exhausted him financially through the courts with only a month or so notice.
Mr Burns was unavailable to comment