Costco Can’t Use ‘Tiffany’ to Describe Rings

Costco Wholesale Corp. acted in bad faith when it used the word “Tiffany” to describe a particular ring setting, the U.S. District Court for the Southern District of New York ruled Sept. 8 (Tiffany & Co. v. Costco Wholesale Corp., S.D.N.Y., 1:13-cv-01041, 9/8/15).

Costco said that its Tiffany Setting rings—engagement rings with a solitaire diamond set with six prongs—were named for a generic type of ring within the jewelry industry. But the court held that “Tiffany” is not a generic term for a particular ring setting.

The court determined infringement by asking whether Costco’s use of Tiffany’s registered ...