Tiffany's $21M Win Over Costco On Thin Ice In 2nd Circ.

Law360, New York (January 23, 2020, 3:32 PM EST) -- The Second Circuit looked ready Thursday to undo Tiffany & Co.'s $21 million victory over Costco Wholesale Corp. in a trademark fight over diamond rings, with three appellate judges suggesting a jury was deprived of its chance to decide if the retailer willfully traded on the jeweler's name.

Circuit Judges Pierre N. Leval, Reena Raggi and Debra Ann Livingston all had trouble understanding how Manhattan U.S. District Judge Laura Taylor Swain could have ruled at the summary judgment phase that Costco was liable both for infringement and counterfeiting before teeing up a 2016 jury trial on damages.

“The important question is...

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