Monday, June 26, 2006

Not Just A Fluff Piece

From my previous posts, you can see my sudden fascination with Marshmallow Fluff. But this isn't just a fluff piece. The story has gone national. It's a federal case. Well, not quite the same story, but it's about Fluff all right.

My sweet tooth has lead me to believe that inquiring minds may want to know more, so I read some documents from Boston's U.S. District Court. In November 2005, Durkee-Mower, the maker of Marshmallow Fluff sued Williams-Sonoma, which by the way is one of my favorite stores.

Durkee-Mower states that the term "Fluffernutter" is trademark protected and alleges among other things that Williams-Sonoma has used the term "Fluffernutter" without authorization. Apparently, Williams-Sonoma sold "a confection" under the trademark "Flufernutter" in its catalogs and website, but this product was not actually made with Durkee-Mower's Marshmallow Fluff. Williams-Sonoma countersued and Durkee-Mower replied in early May. It appears that Williams-Sonoma considered the term "Fluffernutter" a generic term. Interesting, especially considering that Durkee-Mower very recently entered into an agreement with Brigham's auhorizing use of the term for their new ice cream.

According to the Court, the litigation is ongoing. I haven't checked the stores, but I could not find "Fluffernutter" on the website. I'm assuming they are no longer selling it. That would be a wise decision.

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something from me said...

So much fluff.
I am glad that blogging makes you happy.
I enjoy it too.
What I write about happened several years ago. It is as fresh in my mind now as it was then.
One has to look forward though, doesn't one.

Anali said...

Steve - I'm glad too. It's true that we have to look forward. I find it easier when I'm planning a big trip. Lucky you!

suttonhoo said...

you're cracking me up -- great research!

Anali said...

suttonhoo - I'm glad you liked it!

enyasi said...

Power to the Fluffernutters... Have been off line a bit.. But thanks for all the great Fluff info... I spent many summers at my Great Aunt's house. On one end was the Fluff factory, the other Wonderbread. I was practically raised on the stuff! Fluff has made the news all the way in Seattle. Just goes to show you, You can't mess with Fluff!

Anali said...

Enyasi - You're right that you can't mess with the Fluff. I read that Senator Barrios is no longer opposing Fluffernutters. Too much controversy!

Disclaimer: Nothing stated on Anali's First Amendment should be construed as legal advice. No attorney client relationships have been formed on this blog. © 2006-2016. Anali's First Amendment/Lisa C. Johnson. All rights reserved. Do not use writing or photographs without permission.