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Tiffany’s $21 Million Trademark Win Against Costco Sent Back (2)

Aug. 17, 2020, 2:13 PMUpdated: Aug. 17, 2020, 10:26 PM

Tiffany & Co. will have to take Costco Wholesale Corp. to trial after a federal appeals court vacated and remanded its $21 million win in a trademark infringement and counterfeiting case Monday.

A reasonable jury could determine Costco’s use of the term “Tiffany” merely described a style of engagement ring and wouldn’t likely confuse consumers, the U.S. Court of Appeals for the Second Circuit said.

A Manhattan federal court improperly ruled at the summary judgment stage, despite open questions that should have gone to trial, that Costco purposely misled customers into believing rings it sold were Tiffany engagement rings, the ...