Monday, June 26, 2006
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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