Company alleges that the valuable domain name infringes on its ‘edible’ mark.
Edible Arrangements, a franchisor of stores that sell fruit arrangements, has filed a lawsuit (pdf) in an effort to get the domain name Edibles.com.
The company appears to have changed the primary branding on its website from Edible Arrangements to Edible within the past three years. It owns Edible.com and forwards it to EdibleArrangements.com.
World Media Group, LLC, which owns a number of valuable domain names, currently uses the Edibles.com domain name to promote a dietary app.
Edible Arrangements alleges this app is a ruse:
Rather, the EDIBLES App is a generic food database that merely sources data from the United States Government, giving the strong impression that the EDIBLES App is a sham and ruse merely to reserve for Defendant the Disputed Domain for potential and speculative future use and development while preventing Edible from using it and intentionally attempting to attract uses for commercial gain by creating a likelihood of confusion as to source or affiliation with Edible.
In its lawsuit, Edible Arrangements argues that the domain name Edibles.com infringes on its mark for “Edible”.
The plural form of Edible’s incontestable EDIBLE mark has no material distinction from the Defendant’s EDIBLES, and the two are therefore legal equivalents such that there is a likelihood of confusion.
The lawsuit was filed in U.S. District Court – Northern District of Georgia, where the company is located.
Post link: Edible Arrangements sues to get Edibles.com
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Author: Andrew Allemann