Tiffany and Company v. Costco Wholesale Corporation
| Tiffany and Company and Tiffany (NJ) LLC |
| Costco Wholesale Corporation |
| Costco Wholesale Corporation |
| Tiffany (NJ) LLC and Tiffany and Company |
| 1:2013cv01041 |
| February 14, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
519
OPINION & ORDER re: 495 MOTION for Costs for Supersedeas Bond Premiums filed by Costco Wholesale Corporation. Costco's costs for the supersedeas bonds are taxable under Rule 39(e) and there is no dispute as to the cost it incurred for the bonds. Accordingly, its application is GRANTED and Tiffany will be taxed in the amount of $147,324.00. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/29/2021) (va) Transmission to Finance Unit (Cashiers) for processing.
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Filing
491
ORDER: The parties are directed to appear for a telephonic status conference on January 12, 2021 at 11:00 a.m. Parties are directed to call 888-251-2909 and use the access code 2123101. SO ORDERED. ( Telephone Conference set for 1/12/2021 at 11:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/23/2020) (va)
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Filing
484
ORDER: This matter has been reassigned to the Court for all purposes. The parties are directed to submit a joint status report to the Court by October 22, 2020. The status report should address the following issues: 1. The issues that remain to be tried; 2. Any pretrial motions or other work to be done necessary to bring the matter to trial; 3. The parties estimates of how soon they would be prepared to go to trial on the matter; 4. The number of days each side proposes to present its case at trial; 5. The willingness of the parties to waive a jury trial and try the case to the bench; 6. The prospects for settlement; 7. Any efforts that have been taken by the parties to try to reach settlement; 8. Any other matter to be raised with the Court. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/23/2020) (jca)
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Filing
469
MEMORANDUM OPINION AND ORDER: re: 449 MOTION to Alter Judgment re: 440 Clerk's Judgment, filed by Costco Wholesale Corporation. For the foregoing reasons, Defendants motion pursuant to Rules 50(b), 52(b), and 59(e) is denied. Plaintiff s' motion for attorneys' fees and expenses is granted in part and denied in part. Plaintiffs' attorneys' fee request is denied as to fees incurred solely in the litigation of Plaintiffs' claim for punitive damages and is gran ted in all other respects. Plaintiffs' motion is denied to the extent it seeks the reimbursement of expert witness fees, and is granted as to the $120,584.48 sought for reimbursement of expenses incurred in connection with consumer surveys and investigation. Plaintiffs are directed to file an affidavit enumerating the attorneys' fees incurred solely in litigating the punitive damages claim, and a proposed order awarding (a) the remainder of Plaintiffs' requested attorneys 9; fees, (b) the consumer survey and investigation fees referred to in the foregoing paragraph, and (c) disbursements in the amount of $176.666.70, no later than January 21, 2019. Any opposition to the proposed order, and any counter order, must be filed by January 28, 2019. Any reply submission must be filed by February 1, 2019. Courtesy copies of the filings must be provided for Chambers. This Memorandum Order resolves Docket Entry No. 449. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/07/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
438
MEMORANDUM OPINION AND ORDER: Treating the jury's verdict as advisory only as to the recovery of profits, the Court finds that Plaintiffs are entitled to recover trebled profits of $11.1 million, and judgment will be entered in their favor in that amount, plus prejudgment interest at the annual rate set under 26 U.S.C. § 6621(a)(2) for the period from February 15, 2013, through the date of judgment and punitive damages of $8.25 million, unless Plaintiffs file within seven (7) days from the date hereof a written election to instead recover the $2 million in statutory and $8.25 million in punitive damages awarded by the jury. Costco is permanently enjoined from using the mark TIFFANY as a standalone term, not com bined with any immediately following modifiers such as "setting," "set" or "style," in connection with its advisement and/or sale of any products that were not manufactured by Plaintiffs or their affiliates. Any applications for attorneys' fees and costs must be supported by evidence and submitted within the time frame set by Federal Rule of Civil Procedure 54(d). SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/14/2017) (ama)
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Filing
175
OPINION AND ORDER re: 117 MOTION for Summary Judgment, filed by Tiffany (NJ) LLC, Tiffany and Company, 120 MOTION for Summary Judgment, filed by Costco Wholesale Corporation. For the foregoing reasons, Plaintiff/Count erclaim-Defendant Tiffany's motion for summary judgment is granted in its entirety. Defendant/Counterclaim-Plaintiff Costco's motion is granted insofar as it seeks dismissal of Tiffany's claims for: an accounting of profits based on th e sale of Costco memberships and non-subject goods; punitive damages based on Lanham Act violations; monetary relief based on the sale of any goods prior to February 14, 2007; and monetary relief based on dilution under the Lanham Act. Costco's motion is denied in all other respects. The Memorandum Opinion and Order resolves docket entry numbers 117 and 120. The final pre-trial conference in this action is scheduled to be held on Friday, October 30, 2015 at 2:00 p.m. The parties are directe d to make good faith efforts to settle the outstanding issues and, absent such settlement, to consult and make submissions in advance of the final pre-trial conference in accordance with the Court's Pre-Trial Scheduling Order. (See Docket Entry No. 96.) (As is further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/8/2015) (spo)
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Filing
71
MEMORANDUM OPINION AND ORDER re: 13 MOTION for Summary Judgment or, in the alternative, for judgment on the pleadings filed by Tiffany (NJ) LLC, Tiffany and Company. For the foregoing reasons, Tiffanys motion for summary judgment dismissing Costco's Counterclaim is denied, without prejudice to renewal following discovery. This Memorandum Order resolves docket entry number 13. The parties are instructed to contact Magistrate Judge Freemans Chambers promptly for settlement purposes and to update the discovery schedule, if necessary, in light of this Memorandum Order. The Final Pretrial Conference in this case is currently scheduled for Friday, June 27, 2014, at 2:00 p.m. (Signed by Judge Laura Taylor Swain on 1/17/2014) (cd)
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Filing
56
AMENDED MEMORANDUM ORDER: Defendant Costco Wholesale Corporation (Costco) objects, pursuant to Federal Rule of Civil Procedure 72(a), to an August 23, 2013, oral ruling by Magistrate Judge Debra Freeman denying Costcos motion for a protective order. This case arises out of claims brought by Plaintiffs Tiffany and Company (Tiffany and Co.) and Tiffany (NJ) LLC (collectively, Tiffany) against Costco under both federal and New York state law for trademark infringement, dilution, counterfeiting, unf air competition, injury to business reputation, false and deceptive business practices and false advertising. The Court has jurisdiction of this action pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331, 1338 and 1367(a). The Court has considered carefu lly the parties submissions and arguments. For the following reasons, the Court overrules Costcos objection in its entirety. Judge Freemans Order will stand. For these reasons, Costcos objection is overruled in its entirety. The parties are directed to comply with the guidelines in the Pretrial Scheduling Order issued on October 4, 2013. (This Order amends the previous Memorandum Order, which incorrectly stated in one sentence that Plaintiffs objected to Magistrate Judge Freemans August 23, 2013, Order.) (Signed by Judge Laura Taylor Swain on 10/18/2013) (rsh)
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