The Briefing by the IP Law Blog: Trademark Infringement - Tiffany & Co. Versus Costco
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet &...more
The Ninth Circuit recently revived a portion of a price discrimination claim brought by wholesalers of the popular 5-Hour Energy drink against its manufacturer, which provided more favorable promotional terms to a mass...more
Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more
Consumer Sues Pyrex Maker for False Made-in-the-States Claims - New class actions pick up where the FTC left off - Tempest in a Ten-Piece Glass Meal Prep Set - We love false made-in-the-USA claim narratives. They...more
Costco has reached a settlement that will see them pay $5.1 million to resolve allegations that it committed fiduciary breaches within their 401(k) plan. A participant in the Costco 401(k) Retirement Plan filed a lawsuit...more
There are so many independent contractor cases that go against the employers that when one goes the other way, it is a big deal. That is what has just happened with a Costco contractor who alleged the Company misclassified...more
CYBERSECURITY - CISA Issues Incident Response + Vulnerability Response Playbooks for Executive Branch - The Cybersecurity & Infrastructure Security Agency (CISA) issued the Cybersecurity Incident & Vulnerability Response...more
Credit card skimming fraud continues to affect companies and their customers, causing businesses such as Costco to routinely inspect their PIN pads for the devices. ...more
Josh and Scott discuss the case where Tiffany & Co. sued Costco for selling other rings and using the word Tiffany on nearby signage to describe those rings, claiming trademark infringement and unfair business practices. The...more
Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more
In Washington: On Monday, Moderna announced that its coronavirus is 94.5% effective against COVID-19 in its phase three testing. The results make Moderna the second company to report preliminary data on a successful...more
The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more
The Second Circuit vacates Tiffany's summary judgment win over Costco and remands for a trial over the use of the word "Tiffany" in advertising for engagement rings. On August 17, 2020, in Tiffany & Co. v. Costco Wholesale...more
A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more
Almost five years ago, I wrote an article published in the Daily Recorder about a ruling in the Tiffany & Co. v. Costco Wholesale Corporation case filed in the United States District Court for the Southern District of New...more
A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more
It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more
Despite winning a relatively swift victory in the district court, Tiffany & Co. will not be collecting its $21 million judgment against Costco Wholesale Corp. anytime soon. In a 3-0 decision on Aug. 17, 2020, the U.S. Circuit...more
In D’Onofrio v. Costco Wholesale Corp., No. 19-10663 (11th Cir., July 6, 2020), the Eleventh Circuit Court of Appeals affirmed the reversal of a $775,000 verdict in favor of the plaintiff. The court ruled that the evidence...more
California has sued ride-hailing companies Uber and Lyft over alleged violations of a new state law that requires companies to treat gig workers as employees “if they control how workers perform tasks or if the work is a...more
In Washington: Vice President Mike Pence told reporters that the administration is winding down and disbanding the White House Coronavirus Task Force around the end of the month. Officials say that key medical experts will...more
Volatility’s the name of the game these days on Wall Street. So what was down on Monday was up (a bit, at least) yesterday, although the basics of the situation haven’t improved at all....more
The current outbreak of COVID-19 (the coronoavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans. As a result...more
Report on Supply Chain Compliance 3, no. 4 (February 20, 2020) - The United States lifted sanctions[1] on a subsidiary of COSCO Shipping Corporation Ltd., the Chinese shipping giant. Last September, the U.S. Department of...more