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Intellectual Property Archives

OH COSTCO, INFRINGEMENT AGAIN?

On August 14, 2017, District Judge Laura Swain, Southern District of New York, issued her Memorandum Opinion and Order ("Order") in the case of Tiffany and Company v. Costco Wholesale Corporation. In her Order, Judge Swain found that Tiffany is "entitled to recover trebled profits of $11.1 million" and "punitive damages of $8.25 million" against Defendant Costco. Judge Swain's Order follows her granting of summary judgment in favor of Tiffany "holding Costco liable for trademark infringement and trademark counterfeiting . . . with respect to engagement rings sold under [Costco] signage the referenced the mark "Tiffany" as a standalone term" in the absence of modifiers such as "setting," "set," or style." The latter modifiers being standard in the industry and for which Tiffany did not initiate claims against Costco if such modifiers were present.

The Unauthorized Pop-Up Art Exhibit: Artist Discovers Knock-Offs of His Artwork All Around OC

Wakefield Sculpture.jpgA Southern California artist, Donald Wakefield, was surprised to find unauthorized knock-offs of his art years after he created and gifted his one-of-a-kind granite sculpture to a colleague's son.  His original sculpture, "Untitled" (pictured on the far left), was created in 1992. 

SiriusXM and The Turtles are Not So Happy Together: Royalties Owed for Satellite Radio Use of Pre-1972 Recordings Pending Court Approval

TheTurtlesGettyImages.jpgFormer members of the 1960s rock group, The Turtles, brought a class action lawsuit against SiriusXM back in 2013 for playing their pre-1972 recordings without their permission. Just as the case was set to go to trial, SiriusXM decided to settle with the band and thousands of recording owners for a whopping $99 million.