For fresh produce marketing in Australia and New Zealand
Matthew Jones



Tuesday 2nd April 2013, 19:16 Melbourne

Fresh Del Monte wins injunction

Del Monte Foods banned from using trademark on selected fruit products following breach of licensing agreement

Fresh Del Monte wins injunction

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Fresh Del Monte has been awarded a permanent injunction in its long-running dispute with Del Monte Foods.

The injunction comes after a US federal jury ordered Del Monte Foods to pay the fresh fruit and vegetable company US$13.15m in damages in April 2012.

In awarding the damages, the jury found Del Monte Foods breached the companies' licensing agreement by selling products that contained bananas, berries, melons, papayas and pineapples.

Fresh Del Monte claimed it had an exclusive right to sell fresh fruits and vegetables under the Del Monte name and sought an injunction against further licensing violations following the case.

The injunction, issued by US District Judge Sidney Stein in Manhattan last week, bans Del Monte Foods from using the Del Monte trademark on products containing any of the five fruits that are intended to be chilled at the point of sale.

It also bans Del Monte Foods from adding preservatives to its fruit products without stating on its labels.

Stein declined to award Fresh Del Monte attorneys fees, but did award interest on the breach of contract claim.

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