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Costco Fights For 2nd Circ. Appeal Of Tiffany Counterfeit Win

Law360, New York (October 2, 2015, 10:23 PM EDT) -- Costco Wholesale Corp. urged the Second Circuit Thursday to deny Tiffany & Co.'s bid to dismiss Costco's appeal of a lower court's judgment that it sold counterfeit jewlery, saying facts pertinent to its counterclaims are still in dispute and cannot be resolved post-trial.

Tiffany argued to the appeals court that the ruling being appealed — that Tiffany is not merely a generic descriptor for a type of pronged ring setting and that Costco's use of the name was a bad-faith attempt to tread on its popularity — does not qualify as the denial of injunctive relief and is therefore insufficient to...

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Case Title

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Case Number

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Court

Appellate - 2nd Circuit

Nature of Suit

3840 PROPERTY RIGHTS-Trademark

Date Filed

September 15, 2015

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