Edible Arrangements Keyword Case Against 1-800-Flowers Revived

Edible Arrangements LLC convinced the Eleventh Circuit to revive its claims that 1-800-Flowers.com Inc. infringed its trademarks by purchasing them as keyword search terms.

A lower court erroneously found Edible Arrangements’ claims barred by a settlement covering similar conduct, the US Court of Appeals for the Eleventh Circuit ruled Friday, finding the agreement couldn’t have addressed actions 1-800-Flowers took after the pact. The panel reversed the lower court’s summary judgment ruling and remanded the case.

The unsigned opinion explicitly declined to address whether a company infringes by buying a rival’s trademark as a keyword so users searching for the rival ...