Edible Arrangements Wins Toss Of Rival's Trademark Suit

Law360, New York (November 29, 2012, 6:26 PM EST) -- A New York federal judge on Wednesday threw out a suit brought by 1-800-Flowers.com Inc. that had sought a ruling that marks for its Fruit Bouquets product line did not infringe the trademarks of competitor Edible Arrangements LLC.

U.S. District Judge Denis R. Hurley granted Edible Arrangements’ motion to dismiss 1-800-Flowers.com’s declaratory judgment suit because the company had failed to demonstrate that there was an “actual controversy” between the companies.

The plaintiff filed marks with the U.S Patent and Trademark Office's Trademark Trial and Appeal Board...
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