NatureSweet has alleged its Cherubs brand has been copied, creating consumer confusion in the small tomato category.
The San Antonio-based greenhouse grower has filed a third lawsuit against Mastronardi Produce Ltd. and Mastronardi Produce-USA Inc., according to a news release.
The lawsuit alleges that Mastronardi is mimicking NatureSweet’s licensed packaging and as a result has caused consumer confusion. NatureSweet says it is defending the intellectual property of Cherubs and will continue to protect its brand and packaging that has been in the snacking tomato category since its 2006.
In its complaint, NatureSweet alleges that Mastronardi’s newest package design — a clear plastic dome with a yellow lid — is not only a departure from what they have been doing for years but also is meant to confuse consumers.
“Mastronardi Produce disputes the allegations that have been brought forward in this matter and will respond accordingly to pursue and protect all of its rights,” a spokesperson for Mastronardi Produce told The Packer in an email.
NatureSweet says that Mastronardi made attempts in 2021 and 2012 to mimic the NatureSweet brand. After prior lawsuits filed by NatureSweet, Mastronardi began using different packaging.
“At NatureSweet, we feel an obligation to protect our customers and consumers since we are committed to delivering the best quality products on a consistent basis,” Rodolfo Spielmann, president and CEO of NatureSweet, said in the release. “Because of that, consumers and customers have rewarded us with more than three times the sales compared to our next competitor. We are surprised that when we invest millions of dollars in marketing in our brand, which drove category growth, others would need to resort to copying our known packaging to confuse consumers and draft on our investment.”
This lawsuit aims to protect the integrity of the grape tomato category, the company says.
NatureSweet filed a complaint asking the court to, among other things, make Mastronardi stop using its new packaging for its grape tomato products.
“After years of significant research, resources and investment, NatureSweet has developed its unique assets for the brand,” Spielmann said. “This is an issue of trust and integrity for NatureSweet, our Associates, customers and consumers.”
The lawsuit is titled, NS Brands, Ltd. v. Mastronardi Produce, Ltd. And Mastronardi Produce – USA, Inc., 5:23-cv-00445, in the U.S. District Court for the Western District of Texas, San Antonio Division.
