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Tiffany & Co. and Costco are right in the middle of a heated legal battle. On January 17th, a judge ruled that Costco could proceed to trial with their argument that the word “Tiffany” in the context of rings is now a generic term. That it is used to describe any diamond solitaire ring with six prongs. They are arguing that it is no longer a “trademark”. Pawn jewelry Boca Raton.
In her ruling, U.S. District Judge Laura Taylor Swain wrote that while none of the evidence presented by Costco is conclusive, it is “sufficient to frame a genuine factual dispute as to whether the terms ‘Tiffany’ and/or ‘Tiffany setting’ have a primarily generic meaning in the minds of members of the general public in the context of ring settings.”
Tiffany initiated the legal battle last year when they sued Costco because the wholesaler was displaying “Tiffany” engagement rings, even though they were not manufactured by Tiffany and Tiffany never sold its products through Costco.
The judge obviously wanted to move this case forward because Costco has a real argument that the word Tiffany is generic. But in my opinion the trademark should hold up. We all call Band-Aid’s by the brand name even if they are made by a different company. It isn’t their fault they created a product so appealing that the word has become generic. I think the trademark should hold up and will be very surprised if it does not.
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