Harry & David Sues 'Fruits of the Month Club' Web Sites
Harry & David wants Anshu Pathak to stop using the trademark phrase, "Fruit of the Month Club." The specialty retailer has filed suit to stop him.
Pathak is a California businessman with a Web-based business called Exotic Fruit Company. One of the Web domain names he owns includes fruitsofthemonthclub.com and organicfruitofthemonthclub.com.
Harry & David owns the domain name fruitofthemonthclub.com, with no "s" after fruit. Typing in that address redirects customers to Harry & David's Web site at harryanddavid.com.
Medford-based Harry & David says those Web addresses owned by Pathak could be confused with its own Web site, which lists a variety of fruits the company has made into one of the nation's largest mail-order specialty businesses.
The lawsuit alleges the Web names are intended to confuse consumers and represent a textbook case of cybersquatting -- buying
a Web name to profit by selling it later.
Harry & David is struggling with a tough year as the economy takes a toll on its specialty food business.
