Pinterest Inc v Premium Interest Ltd & Anor

Pinterest Inc v Premium Interest Ltd & Anor

Registration of a Community Trade Mark does not confer a positive right to use nor provide a defence to a claim for passing off; proceedings should not be stayed as commercial certainty in the UK would be achieved sooner and outweighs risk of wasted costs.

Parties
Claimant: Pinterest, Inc.; First Defendant: Premium Interest Limited; Second Defendant: Alex Hearn
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Civil / Ruling on Strike Out/summary Judgment and Stay Applications
Outcome
Strike out/summary judgment application granted in part; stay application refused.
Legal Topics
Passing Off, Community Trade Mark, Stay of Proceedings, Summary Judgment, Quia Timet Actions
Intellectual Property Civil Procedure Passing Off Community Trade Mark Stay of Proceedings Summary Judgment Quia Timet Actions

Case Brief

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Parties

Pinterest, Inc.

Claimant

Premium Interest Limited

First Defendant

Alex Hearn

Second Defendant

Procedural Posture

Civil / Ruling on Strike Out/summary Judgment and Stay Applications

Legal Issues

  1. 1 Whether registration of a Community Trade Mark confers a positive right to use and provides a defence to passing off
  2. 2 Whether proceedings should be stayed pending determination of OHIM opposition
  3. 3 Assessment of protectable goodwill in the mark PINTEREST as at 31 January 2012

Ratio Decidendi

Registration of a Community Trade Mark does not confer a positive right to use nor provide a defence to a claim for passing off; proceedings should not be stayed as commercial certainty in the UK would be achieved sooner and outweighs risk of wasted costs.

Court Disposition

Strike out/summary judgment application granted in part; stay application refused.

Orders

  • Proceedings will not be stayed.
  • Relevant paragraphs of Defence struck out or summary judgment entered as appropriate.