October 6, 2016
Managing Intellectual Property
On October 5, 2016, jury awarded jeweler Tiffany $8.25M in punitive damages after Costco sold rings falsely identified as "Tiffany" rings. Costco was previously ordered to pay damages for unlawful profits dating back to 2007, bringing its total to $15.57 million owed in damages. In its article about the case, Managing Intellectual Property quoted Finnegan’s Incontestable Blog:
The case arose out of Costco’s marketing and display of non-Tiffany-brand solitaire diamond rings proximate to signage reading "Platinum Tiffany" and "Round Diamond Ring," or "Platinum Tiffany" and "Round Brilliant Solitaire Ring." Tiffany alleged that Costco did not use the “Tiffany” trademarks in its online advertising, making it difficult to detect its activities through Tiffany’s normal trademark policing procedures. Upon learning of Costco’s in-store activities in December 2012, Tiffany immediately objected and subsequently filed suit in February 2013.
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