The Survey Says: TIFFANY Is Not Generic For A Ring Setting

Last week, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for selling rings advertised under the TIFFANY mark. Tiffany & Co. v. Costco Wholesale Corp., No. 1:13-cv-01041 (S.D.N.Y. Sept. 8, 2015).

Tiffany had sued Costco after learning that it was displaying rings next to signs reading "Platinum Tiffany .70 VS2" and "Platinum Tiffany VS2.1." Costco counterclaimed, asserting that "Tiffany" is a generic term for a type of ring setting. Costco also raised fair use as an affirmative defense.

Tiffany unsuccessfully filed an early summary judgment motion on Costco's genericness counterclaim. The court denied that motion, holding that factual disputes existed as to the meaning of the terms "Tiffany" and "Tiffany setting" in the minds of the general public.