Counterfeit goods on online marketplaces have seen an explosion amid COVID-19 from both those who attempt to pass off fakes and the platforms that try to block them. But this week has seen the resumption of a counterfeiting case between Costco and posh jewelry retailer Tiffany & Co. that demonstrates just how complicated the issue can get. It also shows how muddy the lines between a “real” and “fake” version of an item can actually be.
If one advertises a “Tiffany ring,” are they making a claim about the ring’s design, or about the ring’s maker? If that sounds like a fairly simple question, a lawsuit seeking the answer is now into its seventh year – and shows signs of dragging on for quite a bit longer.
Is a Tiffany Ring by any Other Name Just as Stylish?
The trouble dates back to 2013, when Costco was selling “Tiffany” engagement rings as part of a Valentine’s Day promotion.
The rings were “Tiffany” in the sense that they resembled rings sold by Tiffany, were labeled “Tiffany” and were sold in pretty, light-blue boxes similar to what Tiffany & Co. uses. But they weren’t actually designed or made by Tiffany & Co., the famous New York-based jewelry firm.