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Main image for Tiffany Case Could Shake up Summary Judgment and Enforcement
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Tiffany Case Could Shake up Summary Judgment and Enforcement

Managing IP

2.12.2021

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.

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