Case3:13-cv-04608-RS Document1 Filed10/04/13 Page1 of 13
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`HARVEY SISKIND LLP
`LAWRENCE J. SISKIND (SBN 85628)
`Email: siskind@harveysiskind.com
`DONALD A. THOMPSON (SBN 260076)
`Email: dthompson@harveysiskind.com
`Four Embarcadero Center, 39th Floor
`San Francisco, California 94111
`Telephone: (415) 354-0100
`Facsimile: (415) 391-7124
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`Attorneys for Plaintiff
`PINTEREST, INC.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`PINTEREST, INC.,
`a Delaware corporation,
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`Case No.
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`COMPLAINT FOR
`TRADEMARK INFRINGEMENT,
`FALSE DESIGNATION OF ORIGIN,
`UNFAIR COMPETITION, AND
`TRADEMARK DILUTION
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`DEMAND FOR JURY TRIAL
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`Plaintiff,
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` v.
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`PINTRIPS, INC.,
`a California corporation,
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`Defendant.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page2 of 13
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`Plaintiff Pinterest, Inc. (“Pinterest” or “Plaintiff”), for its Complaint against Defendant Pintrips,
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`Inc. (“Pintrips” or “Defendant”), alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This action arises from Pintrips’ decision to adopt a social media brand that is
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`confusingly similar to Pinterest’s, and its refusal to recognize, discuss or remediate the confusion it
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`causes among consumers. Pinterest is a world-renowned provider of social media services and the
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`beneficiary of a hard-earned reputation in a PIN-formative family of trademarks, notably including the
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`famous PINTEREST trademark. When Pintrips launched its own social media service, it could have
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`adopted any number of trademarks. Instead it chose PINTRIPS, which is similar in appearance, sound,
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`and commercial impression to PINTEREST. In doing so, Pintrips has chosen a brand that causes
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`confusion among consumer and implies a connection, affiliation or sponsorship that does not exist. This
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`violates the Lanham Act, 15 U.S.C. § 1114 et seq., California Business and Professions Code § 17200 et
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`seq., and California Business and Professions Code § 14247.
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`THE PARTIES
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`2.
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`Plaintiff Pinterest, Inc. is a Delaware corporation with its principal place of business in
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`the City and County of San Francisco, California.
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`3.
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`On information and belief, Defendant Pintrips, Inc. is a California corporation with its
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`principal place of business in the County of Santa Clara, California.
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`JURISDICTION
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`4.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338 because
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`this action arises under the Lanham Act, 15 U.S.C. § 1051, et seq. The Court has supplemental
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`jurisdiction over Pinterest’s state law claims under 28 U.S.C. § 1367.
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`5.
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`This Court has personal jurisdiction over Pintrips because, on information and belief,
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`Pintrips is a California corporation with its principal place of business in California.
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`6.
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`Venue is proper under 28 U.S.C. § 1391(b) because Pintrips resides in this judicial
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`district and a substantial part of the events or omissions giving rise to this action occurred here.
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`VENUE
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page3 of 13
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`INTRADISTRICT ASSIGNMENT
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`7.
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`This intellectual property action shall be assigned on a district-wide basis pursuant to
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`Civil L.R. 3-2(c).
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`GENERAL ALLEGATIONS
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`Pinterest And Its Trademarks
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`8.
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`Pinterest provides online services through its website, www.pinterest.com, and through
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`applications designed for Apple and Android mobile devices. Pinterest lets users gather images and other
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`content, as shown below, for example, and curate that content into themed boards. Pinterest users
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`typically build their boards using images from their own collections or other websites. Pinterest allows
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`its users to post content to their boards, browse other users’ boards, and share content that interests or
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`inspires them. In doing so, Pinterest provides a way for people to express themselves, discover new
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`things, and engage with the people who create them.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page4 of 13
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`9.
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`A “PIN” is the foundational element of Pinterest. Each piece of content posted on
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`Pinterest, such as shown below, is known as a PIN. Users are known as “PINNERS.” They post content
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`to Pinterest from their own collections or other websites by posting it to a themed collection. Pinterest
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`pioneered the use of PIN-formative terms in the context of social media and bookmarking. The public
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`associates these terms with Pinterest, and they have become famous in relation to Pinterest’s goods and
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`services.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page5 of 13
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`10.
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`Launched in March 2010, Pinterest has millions of active users. It is one of the 20 most popular
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`web sites in the United States and the third most popular such social networking site, behind only
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`Facebook and Twitter. Time magazine named Pinterest one of the 50 best websites of 2011. In early
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`2012, Pinterest became the fastest website in history to attract more than 10-million-visitors-a-month.
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`Pinterest has continued to grow ever since. Along the way, it has received favorable coverage in
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`hundreds of publications worldwide, including The New York Times, The Wall Street Journal, The Los
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`Angeles Times, The Daily Mail, The Australian, The Times of India, and The New Zealand Herald,
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`which described it as the “web’s hottest social property.”
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`11.
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`By virtue of its popularity, Pinterest is a major force in social media. Photographers,
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`designers, artists and other professionals use Pinterest to promote their work and expose new audiences
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`to it. Companies like The Gap, Macy’s, Nordstrom, Neiman Marcus, and Saks Fifth Avenue promote
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`their products and their brands on Pinterest. Publications like The New Yorker and Time Magazine
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`maintain Pinterest boards to share images, reach new audiences and draw people to their websites. Even
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`The White House maintains a presence on Pinterest, where it has nine boards, on topics such as “The
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`First Lady” and “The People’s Pins.”
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`12.
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`An important element in Pinterest’s success has been the popularity of its PIN IT button,
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`which appears on hundreds of thousands of domains across the Internet, including some of the biggest
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`names in on-line retailing, from Amazon to Zappos. The PIN IT button sits alongside content on a
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`website. When a visitor clicks on the PIN IT button, he or she can easily add that content to Pinterest.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page6 of 13
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`13.
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`Pinterest has made a particularly big splash when it comes to travel. Pinterest users have
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`posted more than 660 million PINS in Pinterest's “Travel” category to date. Many people use Pinterest as
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`a travel-planning tool – for example, to collect inspiration for upcoming trips, such as shown below.
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`14.
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`Given the popularity of Pinterest in the area of travel, many airlines promote themselves
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`on Pinterest, including American Airlines, Southwest Airlines, Virgin America, Virgin Atlantic, Air
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`France, Air New Zealand, and Cathay Pacific. Many hotel and resort companies also promote
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`themselves on Pinterest, including Four Seasons Hotels and Resorts, Hilton Hotels and Resorts, Omni
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`Hotels and Resorts, The Ritz Carlton and Airbnb. Travel planning companies and travel media outlets
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`likewise promote themselves on Pinterest, including Travel + Leisure, Conde Nast Traveler, BBC Travel,
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`Travel Channel and Lonely Planet.
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`Pinterest uses its word mark PINTEREST and its logotype
`15.
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`service and business. Pinterest has used the PINTEREST trademark in commerce since March 10, 2010
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`and used the logotype trademark in commerce since May 3, 2011. Each is inherently distinctive.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page7 of 13
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`16.
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`Pinterest holds U.S. Registration No. 4,145,087 (issued on May 22, 2012) for the mark
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`PINTEREST in connection with “providing a web site featuring technology that enables internet users to
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`create, bookmark, annotate, and publicly share data” in class 42 and “internet based social networking
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`services” in class 45. Pinterest filed the underlying U.S. Trademark Application Serial No. 85,255,217 on
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`March 1, 2011, and first used the mark at least as early as March 10, 2010.
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`17.
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`Pinterest also holds various U.S. Trademark Applications, including: Serial No.
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`85,695,361 for the word mark PINTEREST in connection with various goods and services in classes 9,
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` in connection with various goods
`35, 38, 42 and 45; Serial No. 85,694,131 for the logotype
`and services in classes 9, 35, 38, 42 and 45; and Serial No. 85,698,998 for the word mark PIN in
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`connection with various goods and services in classes 9, 38, 42 and 45.
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`18.
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`Finally, Pinterest has common-law rights in the terms PINTEREST, PIN, and PIN IT, and
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`in the PIN- prefix, as applied to social media bookmarking services. Pinterest coined such terminology
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`for social media bookmarking, and it has acquired a reputation as uniquely identifying Pinterest’s
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`services in the social media bookmarking field.
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`19.
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`Based upon its extensive use and its phenomenal success in the marketplace, Pinterest
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`has gained extremely strong rights in its trademarks.
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`Pintrips And Its Confusing Marks
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`20.
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`Pintrips provides online services through its website, pintrips.com. Pintrips describes
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`itself as a “personal travel planning dashboard” where users collect, compare and share information
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`about flights. If Pinterest is a social media bookmarking service for all types of media, including
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`information about travel and flights, Pintrips is a social media bookmarking service for information
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`about travel and flights exclusively.
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`21.
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`Founded in August 2011 – around the same time as Time Magazine named Pinterest one
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`of the 50 best websites of 2011 – Pintrips needed a way to distinguish itself from other travel planning
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`services. So it should have adopted its own unique name. Instead it adopted PINTRIPS, which is similar
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`in appearance, sound, and commercial impression to PINTEREST. To make matters worse, Pintrips
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page8 of 13
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`adopted a PIN button, featuring the PIN trademark, which is confusingly similar to the PIN IT button,
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`featuring the PIN IT trademark, used by Pinterest. The parties’ respective buttons are shown below.
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` Pinterest’s PIN IT Button
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`Pintrips’s PIN Button
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`22.
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`By selecting a brand that is confusingly similar to Pinterest’s, Pintrips has capitalized on
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`the tremendous goodwill Pinterest has established in its trademarks, and created a false association
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`between Pintrips and Pinterest by causing consumers to misperceive a connection, affiliation or
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`sponsorship that does not exist.
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`23.
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`The parties’ respective marks have appeared in close proximity, which only heightens the
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`likelihood of confusion. For instance, use of the Pintrips service in conjunction with the Pinterest
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`bookmarklet has caused Defendant’s PINTRIPS banner to appear immediately above Plaintiff’s PIN IT
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`button, as shown below, an example from the Delta Airlines website.
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`24.
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`On December 4, 2012, Pintrips filed U.S. Trademark Application Serial Number
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`85,793,784 to register PINTRIPS in connection with “providing travel management services,” among
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`other services in class 35, and “providing an on-line searchable computer database featuring information
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`on travel,” among other services in class 39.
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`25.
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`Pinterest has told Pintrips – clearly and repeatedly – that it objects to Pintrips’ attempted
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`registration and continued use of PINTRIPS, PIN and other PIN-formative marks. Pinterest has tried to
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page9 of 13
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`be patient and reasonable with Pintrips. Over three months ago, Pinterest provided a detailed explanation
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`of its concerns and asked Pintrips to stop its illegal conduct. After several requests for more time to
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`consider Pinterest’s requests, Pintrips summarily dismissed Pinterest’s concerns without addressing
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`them, and showed no willingness to resolve them. As a result, Pinterest is left with no choice but to file
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`this action to prevent confusion and to protect its trademark rights.
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`FIRST CAUSE OF ACTION
`Trademark Infringement
`(15 U.S.C. § 1114)
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`Pinterest realleges and incorporates by reference the above allegations.
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`Pinterest is the owner of a U.S. trademark registration for its PINTEREST trademark.
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`26.
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`27.
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`This registration has a priority date preceding Defendant’s first use of PINTRIPS, PIN or any other
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`PIN-formative mark.
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`28.
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`Defendants’ use of PINTRIPS, PIN and any other PIN-formative mark is likely to
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`cause confusion, or to cause mistake, or to deceive. The parties’ trademarks are very similar, and their
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`offerings are closely related.
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`Defendant had actual or constructive knowledge of Pinterest’s trademark rights prior
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`to beginning use of PINTRIPS, PIN or any other PIN-formative mark.
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`30.
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`Pinterest has not consented to Defendant’s use of PINTRIPS, PIN or any other PIN-
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`formative mark. On the contrary, it has expressly objected to such use.
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`31.
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`Defendant’s unauthorized use of PINTRIPS, PIN and any other PIN-formative mark
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`constitutes trademark infringement in violation of 15 U.S.C. § 1114.
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`32.
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`The willful and intentional nature of Defendant’s trademark infringement makes this
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`an exceptional case pursuant to 15 USC § 1117(a).
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`33.
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`As a result of Defendant’s trademark infringement, Pinterest has suffered damages in
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`an amount to be determined at trial.
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`34.
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`As a result of Defendant’s trademark infringement, Pinterest has also suffered, and
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`will in the future suffer, irreparable injury to its business, reputation, and goodwill. Pinterest will
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`suffer such irreparable injury unless and until Defendant’s misconduct is enjoined by the Court.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page10 of 13
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`35.
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`36.
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`SECOND CAUSE OF ACTION
`False Designation of Origin
`(15 U.S.C. § 1125(a))
`Pinterest realleges and incorporates by reference the above allegations.
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`Pinterest is the owner of a U.S. trademark registration for its PINTEREST trademark.
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`This registration has a priority date preceding Defendant’s first use of PINTRIPS, PIN or any other
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`PIN-formative mark. In addition, Pinterest is the owner of common law rights in PINTEREST, PIN,
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`and PIN IT that also precede Defendants’ first use of PINTRIPS, PIN or any other PIN-formative
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`mark.
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`37.
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`Defendant’s unauthorized use of PINTRIPS, PIN and any other PIN-formative mark
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`falsely suggests that Defendant and its offerings are connected with, sponsored by, affiliated with, or
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`related to Pinterest, or that Pinterest and its offerings are connected with, sponsored by, affiliated
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`with, or related to Defendant.
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`38.
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`Defendant’s unauthorized use of PINTRIPS, PIN and any other PIN-formative mark
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`constitutes a false designation of origin in violation of 15 U.S.C. § 1125(a).
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`39.
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`The willful and intentional nature of Defendant’s false designation of origin makes this
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`an exceptional case pursuant to 15 U.S.C. § 1117(a).
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`40.
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`As a result of this false designation of origin, Pinterest has suffered damages in an
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`amount to be determined at trial.
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`41.
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`As a result of this false designation of origin, Pinterest has also suffered, and will in
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`the future suffer, irreparable injury to its business, reputation, and goodwill. Pinterest will suffer such
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`irreparable injury unless and until Defendant’s misconduct is enjoined by the Court.
`THIRD CAUSE OF ACTION
`Trademark Dilution
`(15 U.S.C. § 1125(c))
`Pinterest realleges and incorporates by reference the above allegations.
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`42.
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`43.
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`Plaintiff’s PINTEREST trademark is famous. It is widely recognized among the
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`general consuming public of the United States as a designation of source of the goods and services
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`of Plaintiff.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page11 of 13
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`44.
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`Plaintiff’s PINTEREST trademark became famous before Defendant started to use
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`PINTRIPS, PIN or any other PIN-formative mark in commerce.
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`45.
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`Defendant’s unauthorized use of PINTRIPS, PIN and any other PIN-formative mark
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`has, and will likely continue to have, an adverse effect upon the value and distinctive quality of the
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`PINTEREST trademark. In particular, such unauthorized use of PINTRIPS, PIN and any other PIN-
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`formative mark has diluted by blurring and will likely continue to dilute by blurring the PINTEREST
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`trademark contrary to 15 U.S.C. § 1125(c).
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`46.
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`As a result of this dilution by blurring, Pinterest has suffered damages in an amount to
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`be determined at trial.
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`47.
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`As a result of this dilution by blurring, Pinterest has also suffered and will in the future
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`suffer, irreparable injury to its business, reputation, and goodwill. Pinterest will suffer such
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`irreparable injury unless and until Defendant’s misconduct is enjoined by the Court.
`FOURTH CAUSE OF ACTION
`Unfair Competition
`(Cal. Bus. & Prof. Code § 17200)
`Pinterest realleges and incorporates by reference the above allegations.
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`48.
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`49.
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`Defendant’s conduct, namely, its unauthorized use of PINTRIPS, PIN and any other
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`PIN-formative mark in a manner that is likely to cause confusion, or to cause mistake, or to deceive
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`constitutes unfair competition under California Business and Professions Code § 17200.
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`50.
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`51.
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`Defendant’s conduct is unlawful, unfair, and/or fraudulent.
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`As a result of this unfair competition, Pinterest has suffered damages in an amount to
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`be determined at trial.
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`52.
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`As a result of this unfair competition, Pinterest has also suffered, and will in the future
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`suffer, irreparable injury to its business, reputation, and goodwill. Pinterest will suffer such
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`irreparable injury unless and until Defendant’s misconduct is enjoined by the Court.
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page12 of 13
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`53.
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`54.
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`FIFTH CAUSE OF ACTION
`California Trademark Dilution
`(Cal. Bus. & Prof. Code § 14247)
`Pinterest realleges and incorporates by reference the above allegations.
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`Plaintiff’s PINTEREST trademark is famous. It is widely recognized among the
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`general consuming public of the State of California as a designation of source of the goods and
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`services of Plaintiff.
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`55.
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`Plaintiff’s PINTEREST trademark became famous before Defendant started to use
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`PINTRIPS, PIN or any other PIN-formative mark in commerce.
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`56.
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`Defendant’s unauthorized use of PINTRIPS, PIN and any other PIN-formative mark
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`has had, and will likely continue to have, an adverse effect upon the value and distinctive quality of
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`the PINTEREST trademark. In particular, such unauthorized use of PINTRIPS, PIN and any other
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`PIN-formative mark has diluted by blurring and will likely continue to dilute by blurring the
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`PINTEREST trademark contrary to Cal. Bus. & Prof. Code § 14247.
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`57.
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`As a result of this dilution by blurring, Pinterest has suffered damages in an amount to
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`be determined at trial.
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`58.
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`As a result of this dilution by blurring, Pinterest has also suffered and will in the future
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`suffer, irreparable injury to its business, reputation, and goodwill. Pinterest will suffer such
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`irreparable injury unless and until Defendant’s misconduct is enjoined by the Court.
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`Wherefore, Pinterest prays for relief as follows:
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`PRAYER FOR RELIEF
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`1.
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`A judgment enjoining Defendant, and all of its agents, representatives, and affiliates,
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`preliminarily and permanently, from (1) using PINTRIPS, PIN or any other PIN-formative trademark
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`that is confusingly similar to Pinterest’s PINTEREST, PIN and PIN IT trademarks; and (2) doing any act
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`or thing likely to confuse or to deceive consumers into believing that there is some connection between
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`Defendant and Pinterest;
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`2.
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`A judgment ordering Defendant, pursuant to 15 U.S.C. § 1116(a), to file with this Court
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`and serve upon Pinterest within thirty (30) days after entry of the injunction, a report in writing under
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`COMPLAINT
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`Case3:13-cv-04608-RS Document1 Filed10/04/13 Page13 of 13
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`oath setting forth in detail the manner and form in which Defendant has complied with the injunction;
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`3.
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`A judgment ordering Defendant, pursuant to 15 U.S.C. § 1118, to deliver up for
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`destruction all labels, signs, prints, packages, wrappers, receptacles, and advertisements in Defendant’s
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`possession bearing any PIN-formative designation, including PINTRIPS and PIN;
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`4.
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`A judgment that Defendant account for and disgorge to Pinterest all of the profits realized
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`by Defendant, or others acting in concert or participating with Defendant, resulting from Defendant’s
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`acts of trademark infringement, trademark dilution, false designation of origin, and unfair competition;
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`5.
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`A judgment awarding compensatory damages, plus interest, in an amount to be
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`determined;
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`A judgment that Pinterest be awarded three times Defendant’s profits from its use of
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`PINTRIPS, PIN or any other PIN-formative mark, or three times Pinterest’s damages, whichever is
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`greater, together with its reasonable attorney’s fees pursuant to 15 U.S.C. § 1117(a) and (b);
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`7.
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`8.
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`A judgment that Pinterest recover the costs of this action plus interest; and
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`A judgment that Pinterest be granted such other and further relief as the Court deems
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`just and proper.
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`DEMAND FOR JURY TRIAL
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`Pinterest hereby demands a trial by jury on all issues so triable.
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`Dated: October 4, 2013
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`Respectfully submitted,
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`HARVEY SISKIND LLP
`LAWRENCE J. SISKIND
`DONALD A. THOMPSON
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`By: ___/s/ Donald A. Thompson__
` Donald A. Thompson
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`Attorneys for Plaintiff
`PINTEREST, INC.
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