In a dramatic legal twist, the Eleventh Circuit Court of Appeals reinstated Edible Arrangements’ trademark infringement lawsuit against rival 1-800-Flowers, overturning a lower court’s ruling that prematurely shut the case down.
The appellate panel ruled that the Georgia federal judge erred in dismissing Edible’s claims under res judicata, a doctrine that bars relitigation of already-decided issues. Instead, the judges found the conduct at issue represented new alleged violations that occurred after a 2016 settlement between the two companies.
A Decade-Long Rivalry Rekindled
The case traces its roots to a 2014 Connecticut lawsuit where Edible Arrangements accused 1-800-Flowers of infringing its fruit bouquet trademarks. The parties reached a settlement in 2016, but tensions reignited in 2020 when Edible alleged that its competitor purchased keywords related to Edible’s products for online search ads.
Judge Victoria Calvert had previously sided with 1-800-Flowers, ruling the settlement shielded the company from further liability. But the appellate panel disagreed, focusing on the fine print of the agreement.
