NatureSweet has filed a lawsuit charging a competitor with unauthorised use of the distinctive trademarks that NatureSweet created for its successful Nature Sweet Cherubs brand tomatoes, which it launched in 2006.
The complaint alleges that Mastronardi Produce intentionally chose to use a product name and a winged tomato design that are so similar to NatureSweet's trademarks that they are likely to confuse consumers and take advantage of Cherubs brand reputation for greenhouse-grown tomatoes with consistent superior taste and high safety standards.
NatureSweet CEO and president, Bryant Ambelang, said: "NatureSweet has spent years and significant resources to develop consumer recognition of the Nature Sweet and Cherubs trademarks and our winged tomato design. It's wrong for a competitor to copy our hard work in ways likely to confuse consumers for their own gain."
NatureSweet's complaint asks that the court make the defendant stop using the Angel Sweet trademark and winged tomato design, or any other trademarks that infringe on NatureSweet trademarks and are likely to confuse consumers.
The complaint also asks that the court make the defendant stop selling this or other products in a package that infringes on a package design on which NatureSweet has a patent.
The complaint further asks the court to award NatureSweet the profits that Mastronardi may make from the alleged infringements, as well as to compensate NatureSweet for the damages it suffers.