Pinterest, Inc. v. Pintrips, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

In this case, Plaintiff and Counter-Defendant Pinterest, Inc. (“Pinterest”) alleges that its rights to its “Pinterest,” “Pin,” and “Pin It” word marks are infringed by the “Pintrips” and “Pin” word marks used by Defendant and Counter-Plaintiff Pin-trips, Inc. (“Pintrips”). Pinterest asserts five causes of action: (1) federal trademark infringement under the Lanham Act, 15 U.S.C. § 1114 ; (2) false designation of origin under 15 U.S.C. § 1125 (a); (3) trademark dilution under 15 U.S.C. § 1125 (c); (4) unfair competition under Cal. Bus. & *1007 Prof. Code § 17200 ; and (5) trademark dilution under Cal. Bus. & Prof. Code § 14247 . Pinterest asks the Court to permanently enjoin Pintrips from using the Pintrips and pin marks. For its part, Pin-trips seeks a declaration from the Court that its use of the Pintrips and pin marks does not infringe, as well as an order cancelling Pinterest’s pin registrations (at least in part) if those registrations are construed to prohibit the manner in which Pintrips uses the term.

This matter was tried to the Court, sitting without a jury, from May 18, 2015 to May 27, 2015. On July 3, 2015, the…