Tiffany & Co., New York, Sue to Prevent Pasadena, Cal., House from Using Name Tiffany Jewelry Co.
Los Angeles, Dec. 16.—Tiffany & Co., New York, have filed suit in the local United States Circuit Court against Charles H. Kelly, of Pasadena, to recover damages for the alleged infringement of their trademark. It is asserted that the defendant has organized a concern under the name of
the Tiffany Jewelry Co., with the evident intention of securing patronage thereby. The court is asked to issue a temporary injunction restraining the defendant from making use of the word Tiffany in connection with his business.
The defendant Kelly is the manager of the store at 185 Colorado St., Pasadena, Cal., and according to complaint of Tiffany & Co., had this concern incorporated in New Jersey under the Tiffany name last Summer, using the name of Raymond Tiffany as one of the incorporators. Raymond Tiffany, the complainants allege, is a street car conductor of Paterson, N. J., to whom a few shares of stock were given for the use of his name. The Tiffany Jewelry Co. uses the words “New York, Paterson, N. J., and Pasadena” on its show windows, but the complainants declare that neither Kelly nor the company has a place of business in New York, and that in Paterson, N. J., it is represented only by a sign on the door of the attorney who incorporated it. The allegation is generally made that the name was adopted by Kelly and the concern for the purpose of trading upon the good will and reputation of the famous New York house, and that under the law the corporation had no right to adopt any such name ; therefore the complainants are entitled to a preliminary and a perpetual injunction, as well as the usual costs, accounting and damages.
Inquiry as to the above was made at the New York office of Tiffany & Co. by a Jewelers’ Circular-Weekly reporter, but President Moore refused to discuss the matter in any way, saying that he had nothing to say on the subject.
Source: The Jewelers’ Circular - 23rd December 1908