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Williams-Sonoma sandwiched by 'Fluffernutter' suit
Family-owned firm charges kitchen-supplies retailer with infringing on its trademark through candy sales.
NEW YORK (CNNMoney.com) - The makers of Marshmallow Fluff are suing Williams-Sonoma for lifting its "Fluffernutter" trademark. Durkee-Mower Inc., a Lynn, Mass.-based company, filed a suit against Williams-Sonoma (down $0.08 to $39.55, Research) in the U.S. District Court in Boston Wednesday for trademark infringement.
Durkee-Mower said the retail chain has been selling a chocolate-covered, peanut butter and marshmallow candy called a Fluffernutter. "Williams-Sonoma has no right to trade on our hard-earned reputation with their so-called Fluffernutter confection," Donald Durkee, the current president of Durkee-Mower said in a statement. The Fluffernutter, which is described by Durkee-Mower as "a concoction of Marshmallow Fluff and peanut butter combined in a tasty sandwich," is a registered trademark that has been used by Durkee-Mower since 1961, according to Peter Sloane, an attorney representing the company. Williams-Sonoma refused to comment on the pending litigation. Marshmallow Fluff, which is sold throughout the U.S. and in Europe, dates back to over 85 years ago, according to the company. _____________
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