new york Costco Wholesale Corp ought to hand over $five.five
million to compensate Tiffany & Co for selling counterfeit Tiffany diamond
engagement earrings, a federal jury said on Thursday.
Tiffany is also entitled to punitive damages, the jury in
big apple stated. attorneys for both sides were presenting proof on Friday to
help decide the amount of punitive damages.
The trial, which began on Sept. 20, became geared toward
figuring out the amount in total damages that Costco is answerable for, after
U.S. District choose Laura Taylor Swain ruled final 12 months that Costco had
willfully infringed Tiffany's trademark through selling jewelry bearing the
posh retailer's call.
Tiffany spokesman Nathan Strauss declined to touch upon
Friday. In a assertion on its website, Costco said it would not remark because
jury deliberations have been continuing.
The $five.5 million represents the quantity of earnings
Costco made from the sale of the earrings that might fairly compensate Tiffany,
said the jury, which was made of five men and two ladies.
the amount a long way exceeds the $781,000 that Costco had
argued on the start of the trial changed into the maximum it owed. Costco said
about 2,500 rings it sold have been found by means of the courtroom to have
infringed Tiffany's trademark.
Costco had additionally argued that Tiffany's logos have
been invalid because they sought ti prevent others from the use of the phrase
"Tiffany" as a widespread description of a kind of ring putting.
but Swain rejected that argument and said Costco harassed
customers by using using the word Tiffany in show case signs.
She said Costco's rings buyers had asked companies to
duplicate Tiffany designs, and that evidence confirmed Costco personnel were
privy to client confusion however did nothing to treatment it.
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