In an order yesterday, Judge Swain awarded $19.35 million in trebled profits and punitive damages to Tiffany & Co. for its trademark infringement claims against Costco. The case stemmed from Costco’s use of the term “Tiffany” to describe generic rings sold in the jewelry section of its stores. The award is an increase over the
The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP. We expect to post several times a week on decisions and other developments in the Southern District of New York. You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook.
Here’s a quick summary of what’s been happening in the Southern District while we were away:
- Judge Berman vacated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady for his alleged role in deflating footballs used during the 2015 AFC Championship Game. Judge Berman concluded that “Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and non-cooperation with the ensuing Investigation.”
In an opinion today, Judge Swain denied Tiffany’s pre-discovery summary judgment motion in a suit it brought against Costco for trademark infringement. She found that there were fact questions as to whether, as Costco contends, the trademark “Tiffany” has become a generic term for certain types of ring settings:
In support of its argument