The tomato grower-shipper company NatureSweet is reportedly suing Mastronardi Produce for trademark infringement, claiming that the design and packaging of its rival’s new tomato brand is too similar to one of its own brands.
The complaint centres on Mastronardi’s Angel Sweet grape tomatoes, a brand which is due to be launched by the Canada-based company sometime during May 2012. NatureSweet believes that many of the features of the new branding for this range, including the packaging, design and even the name, bear too many similarities to its own NatureSweet Cherubs line of tomatoes.
Responding to the lawsuit, Mastronardi has sent out a press release which states:
“Mastronardi uses its own trademarks and its own packaging designs and works with its team of professional advisors in connection with the development, design and implementation of launching new products to market,”
“There is no one who would mistake our packaging and design for that of Naturesweet.”
If the case goes to court and Mastronardi should lose, however, it may need to rely on its professional indemnity insurance to cover any damages. At present though, the company is saying that NatureSweet’s claims are “completely baseless”.