Costco

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Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

Are Attorneys’ Bills Privileged Once Litigation Ends – California Supreme Court Says No in ACLU Litigation?

The California Supreme Court recently held, in Los Angeles Board of Supervisors v. Superior Court (2016) that attorneys’ invoices may not be protected by the attorney-client privilege after litigation ends. The issue arose...more

Big Pharma found to exploit ‘orphan’ drug law to jack up product prices

Big Pharma has ruthlessly exploited a well-intentioned measure that sought to provide medications to treat patients with rare diseases that might otherwise have been ignored. Drug companies, instead, have manipulated the 1983...more

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

Tiffany vs. Costco: Jury Awards Tiffany Substantial Damages for Costco’s Sale of Counterfeit Diamond Rings

In a highly publicized decision of over a year ago, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co., deciding that Costco Wholesale Corp., the...more

Tiffany Wins the Generic Battle, and the Spoils of War are Significant

In February of 2013, high-end jeweler Tiffany & Co. sued Costco Wholesale Corp. in the federal court for the Southern District of New York for using the designation “Tiffany setting” since 2007 in the sale of two styles of...more

Tiffany Prevails!

The title is not a reference to a win by me, but rather my namesake Tiffany and Company’s big win in the Southern District of New York....more

Southern District of New York Jury Orders Costco to Pay Tiffany & Co. $8.25 Million in Punitive Damages for Selling...

On October 5, 2016, a Southern District of New York jury ordered Costco Wholesale Corp. (“Costco”) to pay Tiffany & Co. (“Tiffany”) an additional $8.25 million in punitive damages for selling “Tiffany” engagement rings that...more

Tiffany Awarded $8.25M In Punitive Damages For Costco’s Sale Of Counterfeit Rings

On October 5, 2016, a Manhattan civil jury awarded Tiffany $8.25 million in punitive damages for Costco Wholesale Corp.’s sale of rings falsely identified as brand-name “Tiffany” rings. This ruling came on the heels of the...more

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

Deficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First District To Pull The Plug On Ukiah Costco Project EIR

In a partially published opinion filed June 21, 2016, the Court of Appeal for the First Appellate District reversed in part the Mendocino County Superior Court’s judgment denying a writ petition challenging the City of...more

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the...more

Federal Law Applies in Calculating Overtime on Flat Sum Bonuses

Paying employees a bonus may trigger the obligation to pay retroactive overtime. The good news is that Alvarado v. Dart Container Corporation of California clarifies that it is lawful for California employers to use the...more

The Supreme Court's take on Kirtsaeng II will impact attorneys' fees decisions in copyright matters

The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard for determining whether to award attorneys’ fees to a prevailing party....more

IP Newsflash - January 2016 #2

SUPREME COURT CASES - U.S. Supreme Court Will Review PTAB’s Claim Construction Standard - The U.S. Supreme Court has decided to review the claim construction standard used by the Patent Trial and Appeal Board (PTAB)...more

Defendants Summary Judgment Motion in In re Cathode Ray Tube Antitrust Litigation May Illuminate Policy Justifications Behind...

Earlier this month, defendants in the In re Cathode Ray Tube Antitrust Litigation moved to challenge the standing of major retailers to pursue damages claims under the Supreme Court’s 1977 Illinois Brick decision. LG...more

EEOC’S Lawsuit Against Costco to Proceed

Court Denies Warehouse Retailer's Attempts to Avoid Trial on Allegations Store Failed to Stop Customer from Stalking and Harassing Employee - CHICAGO - A federal district court judge ruled that the U.S. Equal Employment...more

When A Customer Harasses Your Employee – What Should You Do?

As an employer, what do you do when one of your employees reports being sexually harassed by a vendor? Easy, right? You call the vendor’s boss and say, “If you want to continue doing business with us, then you will not...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 4

Issues to Be Aware of When Seeking Trademark Protection - Trademarks are valuable tools for businesses since they allow a trademark holder to identify and distinguish its goods from those manufactured or sold by others....more

Tiffany and Co. v. Costco Wholesale Corp.: TIFFANY Mark Infringed by Costco’s Sales of “Tiffany” Rings

In a recent decision, Judge Swain of the U.S. District Court of the Southern District of New York ruled in favor of the luxury retailer Tiffany and Co. (“Tiffany”), deciding that Costco Wholesale Corp. (“Costco”), the largest...more

When Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act

Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their...more

Yet ANOTHER Disappointed “Additional Insured”

The retail giant Costco joined the ranks of disappointed “Additional Insureds” the other day in a California Court of Appeals case, Costco Wholesale Corp. v. Tokio Marine and Nichido Fire Ins. Co. Ltd., which left Costco and...more

Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered?

As if risks relating to product recalls, product labeling, and food contamination were not enough, the food and beverage industry now faces potential liability in connection with the alleged composition of its global supply...more

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

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