Mastronardi Must Face Third NatureSweet Suit Over Tomato Package

December 15, 2023, 9:41 PM UTC

NatureSweet’s trademark and trade dress claims over Mastronardi’s grape tomato packages—the third such lawsuit between the rivals—can move forward, a Texas federal court ruled.

NS Brands Ltd., the entity that owns NatureSweet’s trademarks, plausibly alleged that consumers would be confused by Mastronardi Produce Ltd.'s packaging that has a similar opaque yellow base and clear dome, the US District Court for the Western District of Texas said Thursday. Claims Mastronardi infringed both a registered trademark for the package design and unregistered trade dress survived the company’s motion to dismiss the lawsuit.

The case revives a dispute previously quashed by a 2021 ...

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