TIFFANY…GENERIC?

Recently Tiffany filed a complaint against Costco in the United States District Court for the Southern District of New York for trademark infringement and related claims. According to the complaint, for many years Costco has sold diamond rings, describing them as “Tiffany” rings. However, Tiffany never authorized Costco to sell its goods and Costco never actually sold Tiffany products. This, Tiffany argues, has resulted in “hundreds if not thousands of people who mistakenly believe they purchased and own a Tiffany engagement ring from Costco.” Rather than throwing in the towel, Costco has counterclaimed, arguing that “Tiffany” is generic for a style or type of ring setting.

This could get interesting.

Tiffany & Company and Tiffany (NJ) LLC v. Costco WholesaleCorp, U.S. District Court, Southern District of New York, 13-1041