Mini Law Lesson: Brands on Pinterest What You Legally Need

to Know

Brian Heidelberger Winston & Strawn

bheidelb@winston.com

IMPORTANT DISCLAIMER

• I am not your attorney.• This is not legal advice.

• But … I hope we can still be friends.

Brand Guidelines

• Personal and brand guidelines– Brand guides apply where using Pinterest for a

commercial purpose– You can now sign up for a business account or

convert your existing account to a business account

– Asking for: Business type, contact, email, business name, website and description of business and agreement to business terms

Brand Guidelines

• “Business terms” aren’t really very different than old terms.

• Businesses grant Pinterest a license to develop, provide and use the website

• You must warrant that your content doesn’t infringe third party rights

• Pinterest may collect and use information from brand and its users as described in its Privacy Policy

What Else?

• Your page can be verified with a badge– Help people identify and find your brand page– Go to “settings” and “verify website”• Only verify top level websites (e.g., winston.com) by

uploading an html file

– You’ll get a checkmark!– New “Pin It”, “Follow” button, “Profile widget”

and “Board widget”• VAL: insert pic

Brand Guidelines

• Use the full logo:– When you refer to Pinterest the company– When you promote a campaign you run on

Pinterest• Use the badge:– With other social media icons– Before your username or URL (e.g.,

pinterest.com/winston)

Brand Guidelines

• Don’t:– Rotate their marks– Alter their proportions or colors– Obstruct them– Add extraneous effects– Use Pinterest in your app name, but can say it works with

Pinterest– Don’t create a brand that looks like Pinterest’s– Don’t use their name/logo on merchandise• Can use it on packaging to indicate that people can find

you on Pinterest but include your URL (e.g., pinterest.com/winston)

Brand Guidelines – Do’s

•Use these marks in a readable size•Maintain empty space equal to at least half the height of the logo on all sides•Keep them straight and free of filters and effects•Use the red logo on light backgrounds•Use the white logo on dark backgrounds•Marks also include these phrases as they relate to social media

– pin, repin, pinner, and pinboard

•Contact Pinterest for other uses not mentioned in terms

Contest Guides – Do’s

• Encourage authenticity: Reward the quality of pinning, not just the quantity of it.

• Promote your contest: Link to your Pinterest account or contest board from your website, social media and marketing channels

• Make getting involved easy: Create clear instructions and a simple process

Contest Guides – Don’t

•Encourage spam: Steer clear of contests that encourage spammy behavior, such as asking participants to comment repeatedly.•Run a sweepstakes where each pin, repin, or like represents an entry. Ask pinners to vote with a repin or like.•Overdo it: Contests and promotions can be effective, but you don’t want to run a contest too often.•Suggest that Pinterest sponsors or endorses you: Make sure you don’t say or imply this anywhere in your marketing materials or branding.

SPAM – Causes Accounts to be Flagged

• Logging in frequently• Commenting on many pins very quickly• Posting the same comment many times • Following lots of users very quickly• Pinning, repinning, and/or liking pins very quickly -

particularly repeatedly pinning things which all link to the same source

• Using a link-shortener or a link-redirect, for example: bit.ly or other link-shorteners - try using the full link in a comment or pin description instead! Also try pinning from the original source without using a link-redirect.

Social Media