Fresh Del Monte wins suit against Del Monte Foods

Fresh Del Monte Produce Inc achieved a sweeping jury verdict in a lawsuit against Del Monte Foods Company and Del Monte Corporation in the US District Court for the Southern District of New York.

After a two-week trial, the jury returned a unanimous verdict in Fresh Del Monte’s favor April 6, finding that Fresh Del Monte has the exclusive right under the parties’ licensing agreement to use the Del Monte trademark on certain refrigerated preserved fruit products.

The verdict was unanimous in Fresh Del Monte’s favor on five out of the six Lanham Act false advertising claims, finding that Del Monte Foods’ sale and marketing of refrigerated preserved fruit products misled consumers into believing the products were fresh fruit, and that Del Monte Foods willfully violated the Lanham Act. The jury awarded separate damages to Fresh Del Monte totaling $13.15 million for both claims, including the profits Del Monte Foods obtained from its false advertising.

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