In this week's post, we see that Tiffany & Co. and Costco Wholesale have ended an almost decades-long legal battle over the “Tiffany” trademark.

The Tiffany v. Costco Trademark Dispute Finally Settles

In July, Tiffany & Co. and Costco Wholesale settled an almost decade-long legal battle over the “Tiffany” trademark. The two companies had battled over claims of trademark infringement, trademark genericism, and counterfeit sales for years.

The lawsuit first came about when Tiffany & Co. found that Costco was selling rings under the Tiffany name. In response, Costco claimed that “Tiffany” had become a generic term and claimed it actually referred to the prong-setting of the rings.

When a defendant in a trademark infringement case claims genericism as a default, they are arguing that the term be invalidated as a federal trademark.  In this case, it would allow any retailer to use the term “Tiffany” in connection with rings.  For Tiffany & Co., this would mean the invalidation of a 184-year-old trademark and all the goodwill that has come to be associated with the brand.

Read the full article here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

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In addition to publishing Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer. For more on the latest developments in IP law, see the blogs Ideate and IP Questions Answered.