Tiffany and Company v. Costco Wholesale Corporation
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|Date Filed||#||Document Text|
|September 8, 2015
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)
|January 17, 2014
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)
|October 18, 2013
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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