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RAPAPORT... U.S. District Judge Laura Taylor Swain approved a pre-trail schedule for the Tiffany & Co. trademark infringement case against Costco Wholesale Corporation. Tiffany & Co. sued Costco in February alleging the defendant knowingly and willfully violated its trademark by promoting and selling rings as ''Tiffany,'' when in fact the rings were not made by Tiffany & Co., according to both parties. Costco sought to have the case dismissed on the grounds that the ''Tiffany setting'' should be generic.
The judge's statement noted that all discovery procedural disclosures must be made by May 10, and all applications to amend pleadings (or join parties or joinders) must be made by August 16. Both parties must begin meeting with a magistrate judge for settlement purposes by September 30. Provided a settlement is not reached, both expert and non-expert witness discoveries must be completed by December 6. Swain ordered a final pre-trail conference on March 28, 2014 in New York, at which time Tiffany & Co. and Costco must be trial-ready. Provided a settlement has not been reached and a trial date has not been set, she will set a trial date during the pre-trial conference, according to the filing.
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