Tiffany & Co. v. Costco

Tiffany and Company v. Costco Wholesale Corp. · 2017 · S.D.N.Y. / 2d Cir.

What happened

Costco used the word "Tiffany" on signage for diamond rings, arguing it described a style of setting rather than the brand. Tiffany prevailed at the district court, but the appeals court held that Costco was entitled to present its fair-use and genericness arguments to a jury.

The money

The district court entered a judgment of roughly $21 million; the Second Circuit vacated it in 2020 and the parties later settled.

Reported figures in trademark cases frequently conflate what was sought, what a jury awarded, what survived appeal, and what was actually paid — which is often confidential. Confirm against the docket or a primary source before relying on this number.

What it means for your business

"We meant it descriptively" is a real defence but a risky one to rely on in advance. Note also how the headline number moved: a large first-instance award is not the same as money changing hands.

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