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Tiffany Prevails!

By Tiffany Blofield on October 26, 2016
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The title is not a reference to a win by me, but rather my namesake Tiffany and Company’s big win in the Southern District of New York.

Tiffany and Company was awarded nearly $16 million against Costco Wholesale Corp. (“Costco”). You may recall I blogged about this lawsuit which was filed on Valentine’s Day in 2013. See the post here.

The Reader’s Digest version of the case is that Tiffany and Company sued Costco for selling engagement rings infringing on its famous TIFFANY® trademark. The picture below is an engagement ring from the Tiffany and Company website.
Tiffany Ring

 

 

 

 

 

 

 

 

 

A federal jury with predominantly men (5 to 3 — so you cannot say it was Tiffany and Company groupies protecting their favorite store) awarded Tiffany and Company $7.5 million in damages, including statutory damages, because the conduct was willful (Costco knew they were infringing). Then, in Phase 2 of the trial, the jury slapped Costco with an $8.25 million award for punitive damages.

Not surprisingly, Costco was unhappy with the verdict and damages awarded. It plans to appeal to the Second Circuit. Will Tiffany and Company be able to retain the awarded damages and substantial punitive damages on appeal? Only time will tell.

Photo of Tiffany Blofield Tiffany Blofield

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay…

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else (though I have traveled across many borders, including the pond, and various state lines).

My calling to the courtroom, led me to earn my law degree from the University of Minnesota, after receiving my undergraduate degree in Economics and Psychology from St. Olaf College. After law school, I quickly realized that I’m more at ease in the courtroom than in my own living room, so I became a litigator. Over the years, I have developed my own style of litigating (I’m trying to trademark it) and aggressively represent my clients whether I am protecting valuable intellectual property or tackling the interests of professional athletes. Although I am not as wacky or as flaky as Ally McBeal, litigation still holds its “entertainment value” after fifteen years in the profession. This year’s Valentine’s Day festivities are evidence (pun intended) of my passion — instead of celebrating the typical Valentine’s Day with dinner and roses, our litigation team celebrated the seventh anniversary of the then largest jury verdict in Minnesota. The verdict came after a nine year battle and, as a result, V-Day has now become known as “Verdict Day.” I’m hoping to rename more holidays soon.

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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