Tiffany Can't Kill Costco's Trademark Genericide Claim

Law360, New York (January 17, 2014, 2:26 PM EST) -- A New York federal judge ruled Friday that Costco Wholesale Corp. could proceed on its claim that that “Tiffany setting” is now a merely generic term name for a type of engagement ring, not a trademark of Tiffany & Co.

U.S. District Judge Laura Taylor Swain denied Tiffany's bid for summary judgment on the genericide argument, which Costco has asserted as a counterclaim in a lawsuit accusing the retailer of trademark infringement for marketing diamond rings with the label “Tiffany setting.”

Judge Swain was careful to...
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