Pinterest Inc. v. Pintrips Inc.

ORDER DENYING MOTION TO DISMISS

I. INTRODUCTION

In this dispute between two entities offering online bookmarking services, plaintiff Pinterest Inc. asserts claims for relief under federal and state law for trademark infringement, false designation of origin, trademark dilution, and unfair competition. Defendant Pintrips Inc. moves to dismiss the complaint in its entirety, arguing Pin-terest has failed to state a claim upon which relief can be granted. The central thrust of Pintrips’ motion is the contention that Pinterest cannot, as a matter of law, seek to exclude others from using the term “pin.” In particular, Pintrips argues that “pin” is generic and therefore not entitled to protection under federal or state trademark law. Because deciding whether a mark is generic requires a fact-specific inquiry that generally is premature at the pleading stage, Pintrips’ motion must be denied.

II. BACKGROUND

A. Pinterest

Pinterest, an entity founded in early 2010, provides online services through its website, www.pinterest.com. 2 Pinterest’s web-based platform allows users to accumulate images and other content, which the user organizes into themed “boards.” In addition to posting…