Commexis Cast Daily – Feb. 20, 2018: Edible Arrangements Sues Google Over Keyword Infringement!

Today’s Commexis Cast discusses Edible Arrangement’s $209 million lawsuit against Google for alleged trademark infringement and unfair competition. The suit, reported by Greg Sterling on Search Engine Land, focuses on Edible Arrangements claim that when users “search for “Edible Arrangements” (or versions of that name), they’re seeing product ads for competitors, such as 1-800-Flowers.”

While Sterling was unable to replicate the search results that Edible Arrangements claims is infringing, I was. Below is a screenshot of my Google Shopping page search, taken around eleven-thirty in the morning (slightly cropped so you don’t have to see my 20+ open show research tabs).

As you can see, the first three results show 1-800-Flowers and only one result shows Edible Arrangements. I hadn’t thought to screenshot the rest of the page, but I did count how many times Edible Arrangements and their competitors were shown. Out of the 40 listings on the search page, Edible Arrangements only had 8 slots. Most others were taken by 1-800-Flowers and similar competitors.

The Cast discusses how big of a deal this is for Edible Arrangements, as well as what the future could hold should the company’s lawsuit end favorably for them. In addition, we discuss whether Edible Arrangements has found themselves in a “generic trademark” territory, with users only being able to identify their colorful fruit arrangements using their brand name.

Today’s cast: Len Ward (Commexis President), Phillip Brooks (Commexis Lead Strategist), and Matthew McGrorty (Commexis Videographer/Podcaster).

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