CNNMoney.com
Companies Economy International Corrections Pre-market Trading After-hours Trading Winners/Losers/Actives Bonds Currencies Commodities World Markets Money Magazine Real Estate Taxes Jobs Ask the Expert Money 101 Autos Mutual Funds The Help Desk Loan Center Best Places to Live Ask the Expert Ultimate Guide to Retirement Retirement Calculators Best Funds Best Places to Retire Fortune Brainstorm Tech Apple 2.0 Blog Big Tech Blog Sectors and Stocks Tech Talk Resource Guide Small Business Makeovers Questions & Answers Small Business Video 100 Best Places to Launch FSB 100 Fortune Small Business Fortune 500 Brainstorm Tech Investing Management C-Suite Rankings Main Create Portfolio Edit Portfolio Create Alerts Edit Alerts
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, the maker of Marshmallow Fluff, says it has the trademark rights to Fluffernutter.
Durkee-Mower, the maker of Marshmallow Fluff, says it has the trademark rights to Fluffernutter.

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.

_____________

Hot chocolate goes upscale -- click hereTop of page

YOUR E-MAIL ALERTS
Follow the news that matters to you. Create your own alert to be notified on topics you're interested in.

Or, visit Popular Alerts for suggestions.
Manage alerts | What is this?
© 2009 Cable News Network. A Time Warner Company. All Rights Reserved. Terms under which this service is provided to you. Privacy Policy
Copyright © 2009 BigCharts.com Inc. All rights reserved. Please see our Terms of Use.
MarketWatch, the MarketWatch logo, and BigCharts are registered trademarks of MarketWatch, Inc.
Intraday data provided by Interactive Data Real-Time Services and subject to the Terms of Use.
Intraday data is at least 20-minutes delayed. All times are ET.
Historical, current end-of-day data, and splits data provided by Interactive Data Pricing and Reference Data.
Fundamental data provided by Morningstar, Inc..
SEC Filings data provided by Edgar Online Inc..
Earnings data provided by FactSet CallStreet, LLC.