NatureSweet sues Mastronardi over trademark

05/08/2012 05:08:00 PM
Mike Hornick

It’s not the only trademark dispute for NatureSweet in recent years.

In November 2010 the company — then named Desert Glory – dropped a suit against Ag-Mart Produce, Inc., when the latter agreed to discontinue a packaging design alleged to closely resemble that of Cherubs.

That packaging was for SweetRipes tomatoes. Plant City, Fla.-based Ag-Mart Produce does business as Santa Sweets Inc.

In October of the same year, Eclipse Berry Farms LLC agreed to take the packaging for its CalFruit grape tomatoes off the market after opposition from Desert Glory. The dispute was settled out of court.

“In both cases, Santa Sweets and Eclipse Berry, we settled way before we had a whole lot of attorneys involved,” Ambelang said. “We came up with amicable settlements and everybody went back to doing business. We’d like to see that happen here, too.”

NatureSweet’s new suit asks the court to award the company any profits Mastronardi Produce makes from the various alleged infringements, as well as to compensate for damages.


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mike    
ct.  |  May, 09, 2012 at 09:09 AM

This comment has been deleted.

Lance    
Nogales  |  May, 09, 2012 at 10:08 AM

Brand Positioning has it's benefits.

anonymous    
May, 17, 2012 at 10:56 AM

Pardon my french but Ambelang is full of BS!!!. Just like any business that makes it not only local but national as well it's a competitive business. It's FOOD PEOPLE!!!. of course theirs going to be others that are going to try and stop a company from making more money or even making money period. Thats just the nature of the business. Who in their right mind wants their competitor to release a new pack that has been very profitable for them. Ambelang is just afraid that they will be put out of business just like other competitors have been due to Mastronardis fresh and excellent quality. I buy their vegetables all the time you can't compare their freshness with any other company and thats just the bottom line.

José Mirafina    
Ontario, Canada  |  May, 18, 2012 at 05:43 PM

@ anonymous, I can't forgive your horrendous English so it might be difficult to pardon your French. Really? Full of BS? Looks like the defendant was holding the door when they were giving out originality. Let's take a closer look and the label and the package. • Halo? Check. • Tomato with wings? Check. • Two words right underneath, with the second being "Sweet?" Check. • Mimic of package and closure? Check. • Run description through thesaurus? (Heavenly salad tomatoes vs Miraculously sweet tomatoes) Check. Your argument is as empty as their response release was. Tasty product notwithstanding.

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