Instagram Handles, Domain Names, and Trademarks: Who Actually Owns What?

In today’s business world, your Instagram handle, your website domain, and your trademark can be just as valuable as your physical assets, sometimes even more so. But when things go wrong, a very common question comes up, “Who actually owns the brand? Me, my business partner, my employee, or someone else?”

At our law firm, we often see this issue arise in business disputes, branding conflicts, or even partnership breakups. If you’re unsure where you stand, or if you’re worried about losing control of your brand online, this guide will help you understand the difference between ownership of social handles, domain names, and trademarks, and what legal rights you actually have.

Who Owns an Instagram Handle or Social Media Account?

Instagram handle ownership depends on control, not just the name.If an Instagram handle was created using a personal email, managed by a former employee, or not clearly assigned in any business agreement, then ownership may become disputed when relationships go south.

Here’s what matters legally:

• Who registered the account?
• Was it used for business or personal branding?
• Was the person paid to manage it?
• Is the account tied to a trademarked brand?

Important Tip: If you’re a business owner, make sure social accounts are registered using a business-controlled email and login credentials, and include social account control in your operating agreements or employment contracts.

Who Owns a Domain Name?

A domain name (e.g., www.mybusiness.com) is legally owned by whoever’s name is listed as the registrant with the domain registrar (GoDaddy, Namecheap, etc.). You can check this using a WHOIS lookup.

But owning the registration doesn’t always mean you have a legal right to use the domain.

What If the Domain Uses Your Business Name?

If someone registers a domain name that uses:

• Your trademarked brand
• A confusingly similar name

You may have legal grounds under the Anticybersquatting Consumer Protection Act (ACPA) to reclaim the domain. You may also have a claim under common law unfair competition if your name has acquired recognition, even if it’s not federally trademarked.

Pro Tip: Always ensure your domain is registered under your company’s name or the name of someone legally obligated to transfer it upon request.

Do I Own My Brand Name If I Have the Trademark?

This is a common misconception. Just because you have a social handle or a domain name doesn’t necessarily mean you own the brand. A trademark is what gives you legal rights to that name in commerce.

What Does a Trademark Actually Protect?

A trademark protects:

• Your brand name, logo, or slogan
• When it’s used in commerce (i.e., selling a product or service)
• So that others can’t use something similar that confuses consumers

Trademarks can be:

• Registered with the United States Patent and Trademark Office (USPTO)
• Unregistered (common law) but still enforceable in limited circumstances

If you have a registered trademark, you may be able to:

• Force someone else to stop using your name or handle
• Recover a domain or username that’s infringing
• File a takedown request with Instagram or Facebook
• Claim damages if someone profits off your brand

What Happens When Business Partners Disagree Over a Brand?

If you co-founded a business and now you’re splitting, or if someone left the company but kept control of the Instagram or domain, this is more than just a tech issue. It’s a legal dispute over intellectual property and business assets.

Questions That Matter in a Dispute:

• Was the brand name trademarked? If so, under whose name?
• Were there operating or shareholder agreements outlining IP ownership?
• Who paid for the domain or account setup?
• Who built the audience or monetized the account?

In these cases, ownership may need to be decided by a court, especially if the business value is tied to that digital identity. At Ayala Law, our attorneys handle disputes like these as part of our business litigation practice.

How to Protect Your Brand Assets Now

Whether you’re starting a new brand or cleaning up a messy one, here’s how to stay protected:

• Register your trademark with the USPTO to secure exclusive rights.
• Use business-controlled emails for Instagram, Facebook, domains, etc.
• Add clauses to contracts with employees or freelancers who help manage online accounts.
• Monitor your brand online and take action if someone else uses your name.
• Include branding assets in your company’s operating agreement or partnership documents.

Final Thoughts: You May Own the Handle or the Domain—But That Doesn’t Always Mean You Own the Brand

The world of digital branding moves fast, but legal ownership still matters. Instagram handles, domain names, and trademarks all intersect in different ways, and having one doesn’t guarantee you control the others.

If you’re dealing with a dispute over social media, a domain name, or a brand identity, contact an experienced attorney in Miami at 305-570-2208.

You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.