Wigs And Gowns were witness to a rather embarrassing incident this weekend while attending a baby shower. The mother-to-be squealed in delight when she opened a small eggshell blue box to reveal a silver baby rattle. “Oh, Tiffany!!”, she exclaimed, before reading the writing on the box which instead read ‘My First Years’. The bestower blushed and confirmed that the gift wasn’t Tiffany but from baby gift and personalisation company ‘My First Years’ who use a very similar shade of blue in the pretty gift boxes that it displays its remarkably similar silver baby gifts in – rattles, engraved cutlery and hair combs.
A quick search of Mumsnet confirmed my friend wasn’t the first person to mistake the gift for Tiffany.
“The Tiffany blue box is so classy – but then anything in a Tiffany Blue box is special” said one commentator.
This got us thinking. Do Tiffany know? As regular readers of Wigs And Gowns will know, Tiffany own the trademark for its “Tiffany Blue” packaging. What’s more, Tiffany is notoriously protective of its intellectual property. Tiffany Blue is a private custom colour produced by Pantone®, PMS reference number 1837. This number was given as it represents the year Tiffany & Co. was founded. As it’s a trademarked colour, it is not publicly available and you won’t find it printed in any of the Pantone® Matching System swatch books.
In order to prove that ‘My First Years’ is infringing its Trademark, Tiffany would be required to show a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader. We suspect this won’t be too difficult!
My 1st Years currently have a pop up store in Selfridges in addition to its online store.