Can you buy a Tiffany’s engagement ring at Costco? Would you be confused if you saw a “Tiffany” engagement ring for sale at Costco?
After seven plus years of litigation, the Second Circuit remanded the Tiffany & Co. v. Costco case to the lower court to decide if Costco infringed on Tiffany’s name by selling Tiffany engagement rings. At issue is “…
whether Costco’s use of the word “Tiffany” was merely descriptive and used to refer to a type of ring setting, thereby, falling within the bounds of fair use … or whether its use was infringing….” Stay tuned for the outcome of the case in the future.
Best business practice is to have all marketing reviewed for legal compliance with all applicable laws in the USA to avoid confusing the consumer before launching the campaign publicly.
Friendly reminder: Substantiation + transparency = TRUST! Having legally compliant marketing campaigns and business builds trust.
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