The four year saga ended (at least for now) with Tiffany & Co. being awarded for its vigorous fight to maintain its trademark and protect against genericide. As previously reported, Tiffany & Co. filed suit against Costco Corporation (“Costco”) to protect its trademark with respect to engagement rings on Valentine’s Day in 2013. (Read my… Continue Reading
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… Continue Reading
The short answer is, when it’s not false or misleading about the product inside the package. This past weekend, my daughter and I found ourselves in Costco, picking up some provisions, and this bag of non-provision somehow happened to land in our shopping cart: Almost protesting, based on a prior experience with Hershy’s Brookside dark… Continue Reading
A little nominative trademark fair use might have saved these little gems from going right back to Costco, as gently used merchandise, with opened and not so gently mangled packaging to boot: Little did I know when grabbing this impulse item at Costco over the weekend (without my expert child companions) that — after anxiously… Continue Reading
While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading
Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent: Does Costco’s Kirkland brand energy drink packaging specimen demonstrate trademark use of the phrase “Hours of Energy Now!” better than those provided by the 5-Hour Energy folks?
Marketing types, it may well be obvious to some, but it is always important to consider the source of inspiration for the branding and marketing of the products and services you promote. At least for those who follow country singer Toby Keith, with a Costco retail end-cap display like this, it’s hard not to assume where the… Continue Reading