Long Island-based 1-800-Flowers has been hit with a $97.4 million trademark infringement lawsuit filed by its competitor Edible Arrangements International LLC in Connecticut federal court.
Wallingford, Connecticut-based Edible Arrangements alleged Carle Place-based 1-800-Flowers' website FruitBouquets.com has hidden code and uses keyword advertising to intentionally lure Edible Arrangements' customers, therefore creating a "likelihood of confusion and deception." Edible Arrangements also claims 1-800-Flowers has mimicked its trademarked bouquet-themed products, according to the complaint filed Thursday in U.S. District Court in New Haven.
1-800-Flowers "embarked on a campaign to intentionally imitate and infringe the marks and confuse consumers," according to the complaint. 1-800-Flowers has 21 days to respond.
"The claims and demands raised in the Complaint are wholly unfounded and reflect overreaching by a dominant market player seeking to eliminate and slow down fair competition," 1-800-Flowers spokeswoman Yanique Woodall said in a statement Friday. "We will vigorously defend this lawsuit."
A spokeswoman for Edible Arrangements declined to comment Friday.
The suit is the latest in a legal fight brewing since 2011 between the fruit retailer and the online florist and gift shop company over the use and sale of designed fresh fruit arrangements. Edible Arrangements has filed oppositions against 1-800-Flowers' six trademark applications. There are 33 pending opposition and cancellation actions filed by 1-800-Flowers against Edible Arrangements, according to the suit.