After a two-week trial, on 6 April, the jury returned a unanimous verdict in Fresh Del Monte’s favour, 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.
Additionally, the jury returned a unanimous verdict in Fresh Del Monte’s favour 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 wilfully violated the Lanham Act.
The jury awarded separate damages to Fresh Del Monte totalling over $13m for both claims, including the profits Del Monte Foods obtained from its false advertising.
*Source: Fresh Del Monte Produce *
FoodBev Media Ltd 2015