Making use of the generic tiffany setting term

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Tiffany v. Costco

Do you believe that Costco was just making use of the generic "tiffany setting" term when they labelled their rings "Tiffany" or was that just a ploy to get customers to believe this was an actual Tiffany & Co. ring? Given that terms like "Kleenex" and "Xerox" were once company trademarks but have become so widely used that they are no longer considered trademark protected, isn't it at least possible that this is really what Costco intended? Or as the judge said do you think it was an "an intentionally deceptive marketing ploy." What could/should Costco have done differently to avoid this kind of a lawsuit?

Reference no: EM132286375

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