NatureSweet files lawsuit against competitor

NatureSweet Ltd. announces it has filed a lawsuit charging a competitor with unauthorized use of the distinctive trademarks that NatureSweet created for its Nature Sweet Cherubs brand  tomatoes launched in 2006.

The complaint alleges that Mastronardi Produce Ltd. intentionally chose to use a product name and a winged tomato design that are similar to NatureSweet's trademarks, which will confuse customers and allow Mastronardi to benefit off of Cherubs brand reputation for greenhouse-grown tomatoes.

The lawsuit filed in federal court in Dallas alleges trademark infringement, design patent infringement and unfair competition by Mastronardi, which is based in Ontario, Canada. According to the complaint, Mastronardi regularly conducts business in Texas, including shipping, selling and distributing its products.

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. It 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.

The federal trademark law protects word and design trademarks that serve to identify the source of the product. Nature Sweet, Cherubs and NatureSweet's winged tomato design are registered as trademarks with the U.S. Trademark Office.

Visit www.naturesweet.com to learn more about NatureSweet, or www.mastronardiproduce.com to learn more about Mastronardi Produce.