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Tiffany v. Costco Battle Moves into Trial Mode
Jury selection is slated to begin this week in the trial phase of Tiffany’s ongoing case against Costco over its sale of rings falsely labeled as having a Tiffany setting.
New York--Jury selection is slated to begin this week in the trial phase of Tiffany & Co.’s ongoing case against Costco Wholesale Corp. over its sale of rings falsely labeled as having a Tiffany setting.
The online docket for the U.S. District Court for the Southern District of New York shows that jury selection was scheduled to begin Monday morning in front of U.S. District Judge Laura Taylor Swain.
Swain is the same judge who ruled in Tiffany’s favor in September 2015, determining that warehouse retailer Costco had infringed on and counterfeited the Tiffany trademark when it sold non-Tiffany-made rings that were labeled as having a “Tiffany setting.”
In what was a major victory for Tiffany, Swain also dismissed Costco’s counterclaim that the term “Tiffany setting” had become genericized and could be used to describe any setting with multiple, slender prongs that extended upward to hold a single gemstone.
The purpose of the jury trial, which originally was set to take place in January, is to determine monetary damages in the case, including profits from the sale of the rings and punitive damages.
Costco declined to comment on the case.
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