Majors

Appeals Court Reverses $21M Judgment Against Costco in Tiffany Case

MajorsAug 18, 2020

Appeals Court Reverses $21M Judgment Against Costco in Tiffany Case

The closely followed trademark case over use of the “Tiffany” name is going back to the district court for a trial by jury.

2016_Tiffany-setting.jpg
A trademark case involving Costco’s use of the word “Tiffany” to describe unbranded diamond rings has been sent back to a lower court for reconsideration by a jury. Pictured here is a diamond engagement ring featuring the jeweler’s famed six-prong setting.
New York—A federal appeals court has overturned the $21 million judgment levied against Costco Wholesale Corp. for its use of the name “Tiffany” for unbranded goods.

Tiffany & Co. sued Costco in early 2013 for selling rings in its stores with signs that read “Tiffany” that were not made by Tiffany & Co.

Costco argued in a countersuit that “Tiffany” had become a generic term that could be used by any company to describe a particular style of ring setting (multiple slender prongs holding a single stone).

In 2015, the U.S. District Court for the Southern District of New York granted Tiffany’s motion of summary judgment of liability, and in 2017, a civil jury awarded the jeweler damages totaling about $21 million

Costco appealed the judgment and won, with the Second Circuit Court of Appeals reversing the decision.

In a filing Monday, the appeals court the said question of liability for infringement and counterfeiting should have been presented to a jury during the first trial, rather than be decided by the district court judge.

In a 3-0 decision, the appeals court judges said “reasonable” jurors could find Costco’s use of the word “Tiffany” wasn’t likely to confuse customers or make them think the latter had produced or endorsed the rings. 

They could understand “Tiffany” wasn’t only a brand name but also “a widely recognized descriptive term for a particular style of pronged ring setting.”

The case has been remanded to U.S. District Judge Laura Taylor Swain in Manhattan for a jury trial.

“We are disappointed in the court’s ruling … We continue to believe that the district court was correct in its findings, and that the jury’s finding on damages, which resulted in a $21 million award for Tiffany & Co., is a clear indicator of the strength of the Tiffany brand, and of the jury’s outrage over Costco’s actions,” said Leigh Harlan, Tiffany senior vice president, secretary and general counsel.

“We have no qualms about trying this case again and remain confident that a jury will find counterfeiting and infringement upon retrial, just as the district court judge originally ruled.”

The attorneys at Debevoise & Plimpton LLP, which represented Costco in the appeal, declined to comment on the ruling.
Brecken Branstratoris the senior editor, gemstones at National Jeweler, covering sourcing, pricing and other developments in the colored stone sector.
tags:

The Latest

John Jacob Astor IV's Patek Philippe for Tiffany & Co., Battin & Co. pencil case
AuctionsApr 01, 2026
John Jacob Astor IV’s Titanic Pocket Watch Heads to Auction

A Patek Philippe for Tiffany & Co. timepiece owned by the American businessman who died on the Titanic will be offered at Freeman's Chicago.

Stock image of a Shell gas station
SurveysApr 01, 2026
Consumers’ Outlook Improves Again in March

The Conference Board’s Consumer Confidence Index edged up, with optimism about the present outweighing worries about the future.

Zach Bear and the Window Necklace Children’s Book from Zachary’s Jewelers
IndependentsApr 01, 2026
Zachary’s Jewelers’ Constance Polamalu to Release Children’s Book

The retailer’s Zach Bear gift comes to life in “Zach Bear and the Window Necklace,” which centers on curiosity, bravery, and helping.

GIA iD100®
Brought to you by
Protect Your Customers and Your Business

You deserve to know what you are selling–to protect your customers as well as your business and your reputation.

Accredited Gemologists Association Logo
Events & AwardsApr 01, 2026
AGA Opens 2026 Gemological Scholarship, Research Grant Applications

Applications are open for the AGA Gemological Scholarship Program through May 15, and until June 2027 for the Gemological Research Grant.

Weekly QuizMar 26, 2026
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
National Jeweler columnist and Smart Age founder and CEO Emmanuel Raheb
ColumnistsMar 31, 2026
Q1 Clues That Reveal Where Your Jewelry Store’s Sales Are Heading

These customer behavior patterns say a lot about how successful your jewelry store is going to be this year, Emmanuel Raheb writes.

Mejuri Puzzle Collection Campaign Imagery
CollectionsMar 31, 2026
Mejuri Adds Silver to ‘Puzzle’ Collection

Mejuri’s popular collection of 18-karat yellow gold vermeil rings debuted in sterling silver alongside new “Puzzle” slider charms.

TopImageCrop.jpg
Brought to you by
Is This You? Every Jeweler Has This Problem; We Have the Solution.

Every jeweler faces the same challenge: helping customers protect what they love. Here’s the solution designed for today’s jewelry business.

Ashley Longshore in Buddha Mama jewelry
CollectionsMar 31, 2026
Buddha Mama, Ashley Longshore to Host Pop-Up in Dallas

The Miami-based jewelry brand and the NYC-based artist will be in Dallas from April 9-11.

Natural Diamond Council world diamond day
SourcingMar 31, 2026
NDC Designates April 8 as 'World Diamond Day'

The initiative invites those in the industry to share stories on social media highlighting the meaning and impact of natural diamonds.

Jillian Wolk, the new CEO of Tracr
SourcingMar 31, 2026
GIA VP Jillian Wolk to Take Over at Tracr

Wolk’s first day on the job as CEO of Tracr, De Beers Group’s blockchain platform, will be May 1.

Tom Moses examining the “Motswedi” diamond
EditorsMar 30, 2026
Tom Moses Looks Back on His Decades at GIA

Moses, who will leave the lab in May after nearly 50 years, discusses his start in the business, gemstones that stand out, and what’s next.

Oscar Heyman Spring Catalog Aquamarine and Diamond Necklace and Platinum Opal, Sapphire, Emerald, Diamond Bracelet
TrendsMar 30, 2026
Oscar Heyman Debuts First Spring Catalog

The new catalog, which showcases 35 one-of-a-kind pieces of jewelry, is a compliment to the company’s popular holiday catalog.

Diavik Diamond Mine winter aerial shot
SourcingMar 30, 2026
Rio Tinto Hauls Last Load from Diavik

Production has ceased at the Canadian diamond mine, which has yielded more than 150 million carats of rough diamonds in its 23-year run.

Saks Fifth Avenue door sign
MajorsMar 27, 2026
Saks Global Has Changed Its Mind About Closing These 3 Stores

Two Saks Fifth Avenue locations, one in Florida and one in California, and one Neiman Marcus store are off the chopping block.

Jimmy West celebrating 40 years with Leading Jewelers Guild
IndependentsMar 27, 2026
Jimmy West, Longtime LJG Executive Director, Dies at 72

West, who started in the art department at the Leading Jewelers Guild in 1979, is remembered for his patience, kindness, and dedication.

Itä Yari Whirl Ring Tesoro
CollectionsMar 27, 2026
Itä’s ‘Yarí Whirl’ Ring Tells Every Side of the Story

In the “Tesoro” version of the ring, our Piece of the Week, each side of the gold hexagonal nugget has a unique colored gemstone design.

Citizen Watch America President Jeffrey Cohen
WatchesMar 26, 2026
Q&A: Citizen Watch America President Jeffrey Cohen on Eco-Drive’s 50th Anniversary

Cohen discusses the evolution of Citizen’s light-powered technology, the brand’s cross-generational appeal, and tariffs.

Peter Smith Essentially Human: On Sales and Salespeople
IndependentsMar 26, 2026
Peter Smith Pens Book on Human Behavior in Sales

“Essentially Human: On Sales and Salespeople" reveals the underlying human traits and behaviors of the most successful sales professionals.

Lionheart Cassandane Collection Campaign
CollectionsMar 26, 2026
Lionheart Celebrates 13 Years of ‘Cassandane’

The collection features symbols of love, luck, and light, based on the story of Queen Cassandane and Cyrus the Great of Persia.

Instappraise NAJA
Events & AwardsMar 26, 2026
NAJA, Instappraise Introduce New Scholarship

It’s the third scholarship to be launched as part of the partnership to help appraisers advance their professional credentials.

CASE Awards Graphic
Events & AwardsMar 26, 2026
JA Still Accepting Entries for 2026 CASE Awards

The deadline for entries in the jewelry design competition has been extended to April 3.

Industry journalist Rob Bates
SourcingMar 25, 2026
Rob Bates Steps Down as JCK News Director

After 28 years with JCK, the veteran industry journalist is launching his own publication on Substack called The Jewelry Wire.

AMNH Beryl
GradingMar 25, 2026
New York’s Natural History Museum, Wiley To Build Minerals Database

Wiley said the project will give scientists worldwide access to the American Museum of Natural’s History renowned mineral collection.

Boochier Flower Puff Campaign
CollectionsMar 25, 2026
Boochier Turns Flower Friendship Bracelets Into Fine Jewelry

The “Flower Puff” collection looks to beaded flower friendship bracelets from childhood, turning the silhouette into nostalgic fine jewelry.

Community for Ethical Jewelry logo
Policies & IssuesMar 25, 2026
Community for Ethical Jewelry to Host Bench Jeweler Shortage Webinar

Set for April 2, the webinar will discuss how the jewelry industry can address the workforce gap.

Lisa Bayer
IndependentsMar 24, 2026
Lisa Bayer, Illustrator and Beloved Member of the Muse Family, Dies at 64

Bayer, founder of Lisa Bayer Designs, is remembered as “a bright light in every room.”

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy