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.
Comments