Desert Glory Reaches Agreement With Eclipse Berry Farms

Eclipse Agrees to Phase Out Package Design

Oct 14, 2010, 08:30 ET from Desert Glory, Ltd.

SAN ANTONIO, Oct. 14 /PRNewswire/ -- Desert Glory Ltd. announced today that Eclipse Berry Farms, LLC has agreed to cease use of its new CalFruit grape tomato package with a yellow bottom and clear top.  Eclipse had just recently begun use of the package when Desert Glory advised Eclipse that its new grape tomato package is likely to cause confusion with the successful NatureSweet Cherubs brand package design.

Under the terms of the agreement reached on October 12, Eclipse acknowledges Desert Glory's intellectual property rights in the Cherubs package.  Desert Glory has agreed to allow Eclipse to phase out use of the existing inventory of the package prior to December 10, 2010.  Eclipse agrees not to use the yellow bottom and clear top CalFruit grape tomato package, or any similar package, after the phase out period, and agrees not to use any other packaging that is similar to Desert Glory's Cherubs package design.  

"We are pleased that Eclipse has done the right thing and agreed to stop using packaging that is likely to cause confusion among consumers," said Desert Glory CEO and President Bryant Ambelang. "Desert Glory spent years and millions of dollars to develop and protect its trademark rights in the NatureSweet Cherubs packaging – and we will vigorously defend our intellectual property rights.

"Consumers know and respect the Cherubs package as a symbol of safe, high-quality premium tomatoes. That's a promise to consumers we're committed to keeping and protecting," Ambelang said.  

The agreement with Eclipse comes less than a month after Desert Glory filed a lawsuit against Ag-Mart Produce, Inc., a Florida-based distributor of fruits and vegetables doing business as Santa Sweets, Inc.  The complaint, which was filed on September 20 in federal court in Tucson, alleges that "as a result of Desert Glory's success in the marketplace, Ag-Mart Produce, Inc. has recently been selling its SweetRipe brand tomatoes in a package whose overall commercial impression is likely to cause confusion with Desert Glory's Cherubs brand package."

Ag-Mart has yet to answer the complaint.

About Desert Glory Desert Glory, Ltd. based in San Antonio, Texas, is the leading grower of premium fresh tomatoes in North America under the NatureSweet® brand. As a leading brand of tomatoes in the U.S., its growing operations comprise over 1,000 acres of greenhouse facilities and proudly employ over 5,000 associates.

SOURCE Desert Glory, Ltd.