McCarter partner Jim Donoian speaks with Managing IP regarding Tiffany’s eight-year trademark litigation with Costco.
James Donoian, partner at McCarter & English in New York, says the court was very careful not to issue any views on whether there was a likelihood of confusion and was instead focused on making sure district courts did not abuse their discretion on summary judgment.
Donoian at McCarter & English says there probably isn’t a lot that could be gleaned from a Costco win at a new trial because every case is fact-specific. “If Costco wins, it would be a huge win for them, and very dangerous for Tiffany, but we don’t know if we could extrapolate that for other cases,” he says.