NY Times: Jury rules for Fresh Del Monte

A Manhattan jury has awarded Fresh Del Monte $13.15 million in damages in its lawsuit against Del Monte Foods charging a breach of licensing agreements, according to The New York Times.

Fresh Del Monte claimed that Del Monte Foods’ sales of refrigerated plastic cups of cut, preserved fruits in grocery stores’ fresh produce departments constituted a breach of contract. When Del Monte’s fresh and processed divisions separated in 1989, Fresh Del Monte was given the ongoing right to sell “fresh fruit, fresh vegetables and fresh produce” using the Del Monte brand.

According to the Times, the Federal District Court jury ruled that the advertising, packaging and labeling of Del Monte Foods’ Bowls, Fruit Naturals, Superfruit and SunFresh fruit cups violated the Lanham Act, a 1946 federal law prohibiting trademark infringement and false advertising. Del Monte Foods’ “Fruit Undressed” advertising campaign promoting the chilled fruit products was also in violation of the law, the jury ruled.