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Tiffany & Co. v. Costco Wholesale Corp. - The “Better” Value For Luxury Diamonds

Costco argued that the jewelry company Tiffany & Company’s registered “Tiffany” trademark when sold in a wholesale store, such as Costco, has a generic meaning to the consuming publics when used as a designation for ring settings, thereby rendering the trademark unprotectable. The article addresses the Southern District of New York’s principal findings in this case under Tiffany’s trademark infringement claim and Costco’s genericism counterclaim and subsequently provides some strategies to trademark owners to avoid losing their trademark protections to genericism claims