Deliveries from 1-800 Flowers and
Edible Arrangements usually bring smiles to recipients’ faces, but that is not
the case when the organizations are delivering lawsuits. In November 2014,
Edible Arrangements International filed a $97.4-million trademark infringement
lawsuit against 1-800
Flowers. Edible Arrangements alleged
that 1-800 Flowers’ website, FruitBouquets.com, contained hidden code and used
keyword advertising designed to deceive customers into thinking that Edible
Arrangements was associated with FruitBouquets.com. Specifically, Edible
Arrangements alleged that the phrase “edible arrangement” is embedded in
FruitBouquet.com’s code and the site’s title that is displayed in browsers is
“Edible Fruit Arrangements.” Overall, Edible Arrangement’s alleged that 1-800
Flowers incited a campaign to intentionally infringe Edible
Arrangement’s trademarks
and confuse customers.
Recently, 1-800 Flowers responded by filing a countersuit against Edible Arrangements sounding
in allegations of “anticompetitive activities.” Specifically, 1-800 Flowers
claims that Edible Arrangements has improperly claimed trademark rights in
generic terms, such as “edible” and “edible arrangements,” which competitors
need to use to market their products. 1-800 Flowers claimed that Edible
Arrangement’s activities, lawsuits, and threats of lawsuits have chilled
competition in the marketplace and will continue to chill competition unless
Edible Arrangements is enjoined from engaging in these activities.
