Case: Trademarks/Standing (D.N.J.)

A federal district court in New Jersey denied Berry Solutions Inc.'s motion to dismiss Hotaling & Co. LLC and Sanniti LLC’s action for infringement of the Luxardo brand maraschino cherries marks. Italian company Girolamo Luxardo SPA owns Luxardo Original Maraschino Cherries and granted Hotaling and Sannini the right to import and distribute them in the U.S. Hotaling and Sanniti claimed that Berry Solutions imported, marketed, and sold the cherries without their permission and failed to show that they are the U.S. importers and distributors. According to the court, Hotaling and Sanniti have standing, didn’t fail to join a necessary and ...