Can you say...Fluffernutter?

205
10
Joined Oct 9, 2002
Hi all...mild dilemma.

My kids love fluffernutters (peanut butter and marshamallow fluff sandwiches...just in case you didn't know). Anyhow, being a big fan of fluffernutters myself, I developed a "fluffernutter" cheesecake.

I don't want to call it peanut butter and marshmallow cheesecake because that just doesn't evoke the same emotion as fluffernutter would, but right on the back of the jar, below the word "fluffernutter" is © 1961 Durkee-Mower, Inc.

Any legal experts out there? It's not a registered trademark. It's gettin' kinda old. Can I use it? I don't actually use marshmallow fluff in the cheesecake, so does that make a difference?

And if not, what would I call my cheesecake?
 
143
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Joined Apr 13, 2003
if it is not registered then it is free game as far as i know. unless you plan on marketing this item beyond your restaurant then you have nothing to worry about. you can't really express what you have created without the good ol fluffernutter name anywayl sound like a great idea.
 
205
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Joined Oct 9, 2002
For the heck of it, I did a trademark search and, sure enough, it was registered on 9/29/98. I guess they didn't want to change their packaging from the © to the ®.

I suppose I'm sunk. Any cool ideas for a name?
 
1,640
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Joined Mar 6, 2001
I vote for Chiff's title.

It's an imediately recognizable name to me, so your title has to have that word some how in it.........I grew up on it too, yummy!!
 
969
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Joined Jul 3, 2002
Mallownutt cheesecake?

Nuttyfluff?

Marshnuts is what first came to me, but that sounds like something a little gross. :D
 
205
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Joined Oct 9, 2002
I think you're on to something Phoebe...maybe mallownutter since it's a fluffernutter without the fluff.

I may also contact the manufacturer to see if they are uptight about using that word.

Thanks everyone for the suggestions!
 
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