Pinterest Inc. v. Pintrips Inc., 13-4608 RS, 2014 WL 598625 (N.D. Cal. Feb. 14, 2014)

Pinterest recently brought a trademark infringement suit against Pintrips, a website where users “collect, compare, and share information about airline travel,” claiming infringement of its “pin-formative” terms in the context of social media and online bookmarking.

Pintrips filed a motion to dismiss Pinterest’s claims, arguing that the pin marks were generic and therefore were not entitled to protection. Offering a “raft of documentary exhibits,” Pintrips requested that the court take judicial notice of trademark registrations and printouts of websites that, according to Pintrips, showed that the pin marks are generic.

Refusing to take judicial notice for such a purpose, the court rejected Pintrips’s motion, holding that it was inappropriate to determine at the pleading stage whether the pin-formative marks were in fact generic. Finding that Pinterest had stated a plausible claim for relief and that the question of which category a mark belongs in is a question of fact, the court denied Pintrips’s motion to dismiss.