Claims Against Williams-Sonoma Are So Much Fluff

Durkee-Mower, Inc., whose website address says it all (marshmallowfluff), has filed suit against upscale culinary company Williams-Sonoma in federal district court in Massachusetts for trademark infringement. In the suit, Durkee-Mower claims that Williams-Sonoma sold a chocolate and marshmallow spreadable concoction under the name FLUFFERNUTTER, a registered trademark of Durkee-Mower.

While Williams-Sonoma may have found itself embroiled in a sticky mess, there’s an interesting twist to this matter that makes Durkee-Mower’s case slightly less than a slam dunk (slightly): The registration on which Durkee-Mower relies doesn’t cover spreads or sandwiches, but instead covers “printed recipes sold as a component of food packaging and cookbooks.” The company may have to call together as expert witnesses half the college student population to testify that the only true way to make a fluffernutter sandwich is with Durkee-Mower’s jar of white fluffy stuff.

Practice Pointer: To make a FLUFFERNUTTER sandwich, select two pieces of white bread and spread one with peanut butter, and the other with Marshmallow Fluff. Put bread together to make a sandwich, and share with your 2 year old.

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