Iโve been mulling over what to do about this for a while so Iโve decided to write about it and see whether anyone has any thoughts to share.
Back in June of 2020 we launched a new WordPress plugin called Spotlight Instagram Feeds. Itโs a simple and intuitive way of embedding Instagram feeds on any WordPress site in a couple of minutes.
When we were deciding on the pluginโs name, slug, and so on, I did some research into how the โInstagramโ trademark could be used. Apart from finding Instagramโs official brand guidelines, I found this post about trademark enforcement by the WordPress Plugin Review Team from August 2019.
After contacting the Plugin Review team by email to get some clarification on the matter, I heard back almost instantly.
The Plugin Review Teamโs Perspective
This was the first reply I received when asking about the use of the โInstagramโ trademark in our slug, name, or readme content.
We would recommend not using the word โInstagramโ in your plugin name, the plugin slug, or in any way imply that Instagram has anything to do with your plugin.
WordPress Plugin Review Team โ May 2020
Obviously, you can say the word โInstagramโ in the readme when describing what the plugin does, but calling the plugin โXYZ for Instagramโ would, and has in the past, get their lawyers to complain to us.
Even though this went beyond what is mentioned in the Instagram Brand Guidelines, namely โIf you offer an app, website or a product or service that uses the Instagram APIs or is otherwise compatible with or related to Instagram, you may only use Instagram to say that your app is โfor Instagramโ or that the name of your campaign is โon Instagramโ in a descriptive manner.โ, it was clear that a name such as โSpotlight for Instagramโ would not be acceptable and we followed those guidelines from day one.
My understanding was that anyone infringing on these guidelines would be asked to make the necessary changes and comply with all the rules, just as pre-existing plugins were asked to do. At the time, everyone obliged and those who did not were removed from the repo โ at least thatโs what I understood to have happened.
Trademark Usage In Plugin Display Names
The below quote from the โTrademark Enforcementโ post is clear as day.
All plugins, no matter when they were approved, must comply with trademark usage in display names and images.
Trademark Enforcement โ August 2019
Further down, in the FAQs section of that same post, youโll find this:
Can I use โfor BRANDโ in my plugin display name?
Trademark Enforcement โ August 2019
Sometimes. It depends on the brand. We donโt have a complete list, which makes this very complex. Itโs important to pay attention to the rules for brand usage and application uses. Some brands have separate rules. In general, if theyโve trademarked their wordmark then no, you cannot use it for an application. And yes, a plugin is an application.
As you can see here, even though Instagramโs brand guidelines allow the use of โfor Instagramโ in a name and WordPressโ guidelines allow it in that case, it canโt be done in reality.
From what Iโve heard, Facebook was the one who cracked down on this, despite their guidelines saying otherwise, so there really is nothing that can be done about it from our end.
Trademark Usage In Plugin Slugs
I may not have all the facts on this point, so this is purely my perspective. If I am wrong, please correct me.
According to the โTrademark Enforcementโ post,
Plugins approved pre 2015 with trademarks in the URL are โgrandfatheredโ in and permitted to remain. All plugins approved after 2015 are required to meet this restriction.
Trademark Enforcement โ August 2019
This one, from what I understand, is a bit more complicated.
Changing old plugin slugs may not be easy from a technical perspective and Facebook themselves may have even allowed plugins submitted pre-2015 to keep their original slugs. If thatโs the case โ Iโm personally not sure โ so be it.
With that being said, in order to create a level playing field for all new and existing plugins, why are exceptions not included in the plugin repoโs search algorithm to exclude the slug from consideration in certain cases?
This is just one example involving Facebook and Instagram, but I mention it specifically because itโs the one I know about personally. What is and isnโt allowed or recommended is very clear. Any plugin released pre-2015 can keep their old slug that contains the term โInstagramโ but new plugins canโt do that.
Now I might be told to optimise other areas and weโd still rank well, and that may be true, but that doesnโt mean itโs a fair playing field out there.
What We Are Doing for Spotlight
As I continued my work to grow Spotlight Instagram Feeds, improving our ranking in the WordPress plugin repository was a major factor. As a freemium plugin, exposure in the repo is very important for growth.
Weโve done a lot of work in many other areas to get to where we are at today โ 9,000+ active installations since launching 8 months ago. Iโm proud of what weโre achieving with Spotlight and this is some of the work weโve done to get there:
- Spotlight has been optimised to ensure itโs as user-friendly as possible, reducing the number of new users who abandon the plugin.
- Our on-boarding is constantly being improved and simplified.
- 58 people posted 5-star reviews for a full 5-star average rating.
- We resolve all support requests within hours, whenever possible.
- Spotlight is always compatible with the latest version of WordPress.
All this and more has helped us to improve our ranking on the repo and get more eyes on what we believe to be a fantastic plugin for anyone wanting to embed Instagram feeds on their WordPress site.
One morning though, I noticed that one of our smaller competitors was ranking higher than Spotlight for a few search keywords, but they were doing one of the things I was told to avoid completely.
An Infringement
I wonโt be mentioning the plugin by name, you can look it up for yourself if you wish to do so. In January 2021 I was doing some research and came across a plugin with the term โInstagram Feedโ in its name.
This plugin is ranking above Spotlight for most keywords, even though it has:
- Less active installations than Spotlight.
- Fewer reviews than Spotlight
- Less 5-star reviews than Spotlight.
- A lower average rating than Spotlight.
- Its latest update older than that of Spotlight.
- Unanswered support while Spotlightโs is all resolved.
All of the above are ranking factors in the WordPress plugin repoโs search algorithm, so how can this be happening?
Does a pluginโs name have that much pull in the search algorithm?
Do the other factors that are so important to ensure itโs a quality plugin backed by a dedicated team not matter enough?
If so, will people or companies like this continue reaping the benefits of the ambiguity of a guideline while everyone else sits by and follows the rules?
I contacted the Plugin Review Team to get their thoughts on the matter.
The Plugin Review Teamโs Response
This is what bothered me the most and still does till today. The Plugin Review Teamโs reply was as follows, excluding the part where they linked to the plugin in questionโs development log:
They changed that 8 weeks ago. [โฆ] And as soon as FBโs lawyers email us, then theyโll get their plugin taken down because of it. Just a matter of time.
WordPress Plugin Review Team โ January 2021
I didnโt ask any more questions after that, but I started thinkingโฆ
- If itโs infringing on Facebookโs trademark of โInstagramโ in the plugin name, why not ask or require the developers to remove it?
- Why choose to wait and take a plugin down rather than be helpful and inform its developers of the infringement to help them out and make sure they can continue providing updates and support for their plugin (if itโs a mistake and not intentional)?
- Why is the plugin name not part of โWordPress Plugin Guideline #17: Plugins must respect trademarks, copyrights, and project names.โ?
For point number 3, the guideline says this: โThe use of trademarks or other projects as the sole or initial term of a plugin slug is prohibited unless proof of legal ownership/representation can be confirmedโ.
In the case of Facebook and Instagram, in reality, it goes beyond just the slug and should also consider the plugin name. However, technically, no plugin would be breaking the rules if they put โInstagramโ in their name as per the current guidelines.
It would simply be a risk that they take, hoping that either Facebook doesnโt see it or that when they do, the Plugin Review Team would be lenient and ask them to change it rather than taking the plugin down completely.
My Thoughts
Even though this is just one example that impacted us personally, which is what got me to write this post in the first place, any improvements that may come from this would be beneficial for the entire WordPress community.
My goal is for fairness to be applied across the board for all plugin developers while making sure the Plugin Review Team volunteers have the tools at hand to act swiftly and consistently on any potential infringements with as few grey areas and conflicts as possible.
- I believe the guidelines on trademark infringement should be clearer and include specific guidelines for particular trademarks as deemed necessary. If not mentioned on the guidelines page itself, they could be documented for the Plugin Review Team to refer to.
- Guideline number 17 should cover plugin names in addition to slugs in order to ensure fairness for all new and existing plugins.
- The Plugin Review Team should be pro-active on matters like these, rather than waiting on someone else to take action and then taking down a plugin, possibly putting thousands of WordPress sites at risk.
- The search algorithm should, in some way, account for edge-cases in order to ensure a level playing field for all developers and giving everyone an equal and fair chance of growing the plugin and potentially make a living off it.
I understand that time may be an issue when considering implementing these ideas, but that doesnโt mean that they shouldnโt be discussed.
Important!
This is solely my personal point of view, not that of anyone else, based on the information Iโve obtained on the matter. If I am mistaken on any of the points mentioned above or there is any additional information that I may not have seen or heard about, please let me know in the comments below and Iโll be happy to make any necessary corrections to the post.
This is in no way whatsoever an attack on the Plugin Review Team. In my experience, I have always been treated well when contacting the Plugin Review Team or any one person in particular. I have not included the names of the people who replied to my emails to the Plugin Review Team in the past, though in recent cases the replies were anonymous.
As I sit here writing this, I came across this post about the abuse that some Plugin Review Team members receive. I cannot begin to imagine what that is like.
I want to take a moment before closing off to thank everyone on the Plugin Review Team and everyone who donates their time and energy to the betterment of the WordPress community as a whole. Without you, what we do would not be possible.
My sole intention here is to bring this particular point to light and hopefully ignite a conversation that helps to improve the WordPress ecosystem, even if itโs just in a small way. If I can help do that in another way or through another medium, Iโm all ears.
Your Thoughts?
Do you know something that I donโt or may have missed? If so, please share it in the comments below and Iโll be happy to update the post accordingly.
Have you experienced something similar in the past or have your own recommendations to make? Share your thoughts in the comments below.
