Social Media Site Pinterest and the Risk of Trademark Infringement Online

Pinterest is a social media site that allow Internet users to create pinboards to organize and share things found on the Internet.  Users can browse the pinboards of others and search for particular items of interest.  Pinterest requests that users link back to the original source when pinning.  Furthermore, its site includes Terms of Service, Privacy Policy, Acceptable Use Policy and both a Trademark Complaint Form and a Copyright Complaint Form.  It even allows websites to include a "No Pin" instruction so as to block the ability of Internet users from pinning images from its website.

Despite the contractual provisions offered by Pinterest, the social media site is likely a forum where the trademarks, copyrights, and other intellectual property rights of companies and entities are ripe for abuse.  This becomes especially true if your company creates its own pinboard and uses third party trademarks or copyrights.  You may be subject to claims of trademark infringement and copyright infringement.  For example, if you pin a competitor's product and display its trademark by doing so, you may be risking a trademark infringement lawsuit.  As such, you would be well served to have your social media policy include reference to and/or training on such sites as Pinterest so that employees do not act in such a way that exposes the company to claims of trademark infringement.  You should consult with a social media trademark attorney before your company starts using Pinterest or other similar sites for marketing or other purposes.

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Author


Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.