Edible Arrangements Finds Favorable 11th Cir. in Search Ads Case

An Eleventh Circuit panel appeared ready to revive Edible Arrangements LLC’s contract and trademark claims against 1-800-Flowers.com Inc.

The three-judge panel seemed to back Edible’s arguments a district judge wrongly ruled an earlier settlement nullified claims related to its competitor’s purchases of search ads using keywords matching Edible’s marks, during oral argument Wednesday at the US Court of Appeals for the Eleventh Circuit. Nevertheless, the judges indicated 1-800-Flowers could ultimately win the case, regardless of the outcome of this appeal.

“You’ve got a fair amount of authority on your side of the proposition that your conduct doesn’t violate the Lanham ...