Fresh Del Monte wins fruit licensing dispute
Fresh Del Monte Produce Inc. has been granted a permanent injunction against Del Monte Foods Co in a licensing battle over the sale of fresh fruits and vegetables, Reuters reported Thursday.
The two affiliated companies have been in legal disputes since 2008 when Fresh Del Monte claimed the exclusive right to sell fresh fruits and vegetables under the Del Monte name.
In part of the lawsuit, Del Monte Foods Co was also accused of trademark infringement for selling fruit preserve cups with the implication that such fruit was fresh.
Under Thursday's agreement, U.S. District Judge Sidney Stein in Manhattan upheld much of the previously established damage payment of US$13.15 million to be paid to Fresh Del Monte by Del Monte Foods.
The court found Del Monte Foods to be in licensing infringement for the sale of bananas, berries, melons, papayas and pineapples.
Several Del Monte Foods' products - Fruit Bowl, Fruit Naturals, SunFresh and Superfruit -Â Â were also found to violate trademark law.
Del Monte Foods has been prohibited from selling products with any of the five mentioned fruits, from entering related agreements, from pasteurizing or adding preservatives to fruit without proper labeling and from indicating that fruit "must be refrigerated"  unless such a claim has been verified.
The court did deny a request to regulate Del Monte Foods' shipping and storage procedures. An award for attorney fees and interest was also denied.