TIFFANY VICTORY "A SHOT IN THE ARM FOR TRADE MARK OWNERS"
17 August 2017
Tiffany, the luxury jeweller, has been awarded significant damages following a long-running legal battle in the US with Costco over its trade mark.
Commenting on the case, Nick McDonald, partner and intellectual property lawyer at Potter Clarkson, said:
"This ruling is a useful reminder of the importance of trade mark rights, it also sends a clear message to would-be infringers.
"This is a US ruling, but UK retailers might wish to take note of this judgment as it is generally easier for brands to bring a case before the UK courts - safe in the knowledge they will recover the majority of their costs if they are successful. This is not necessarily the case in the US if the infringement cannot be shown to be wilful, although punitive damages awards such as in this case are more common."