NatureSweet Sues to Protect Against Consumer Confusion Caused by Competitor Imitating NatureSweet's Trademarks

SAN ANTONIO, May 8, 2012 /PRNewswire/ -- NatureSweet, Ltd., announced today that it has filed a lawsuit charging a competitor with unauthorized use of the distinctive trademarks that NatureSweet created for its successful Nature Sweet® Cherubs® brand tomatoes, which it launched in 2006. 

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The complaint alleges that Mastronardi Produce Ltd., intentionally chose to use a product name and a winged tomato design that are so similar to NatureSweet's trademarks that they are likely to confuse consumers and take advantage of Cherubs brand reputation for greenhouse-grown tomatoes with consistent superior taste and high safety standards.

"NatureSweet has spent years and significant resources to develop consumer recognition of the Nature Sweet and Cherubs trademarks and our winged tomato design," said NatureSweet CEO and President Bryant Ambelang. "It's wrong for a competitor to copy our hard work in ways likely to confuse consumers for their own gain."

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 in Texas.

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.

"Consumers know and respect our Nature Sweet, Cherubs and winged tomato trademarks as symbols of consistently safe, high-quality, premium tomatoes. That's a promise to consumers that we're committed to keeping and protecting, which is why we filed this lawsuit," Ambelang said.

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.

The complaint 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.

"We believe their product name and product images are so similar to that of Nature Sweet Cherubs that consumers are likely to be confused by it," said Ambelang.

The complaint alleges that, as a result of NatureSweet's success in the marketplace, Mastronardi has recently begun marketing grape tomatoes under the Angel Sweet name with a winged tomato design, which are likely to cause confusion with NatureSweet's Nature Sweet Cherubs and winged tomato trademarks. The complaint further asserts that Mastronardi intentionally copied NatureSweet's trademarks to take advantage of NatureSweet's success.

"Cherubs without the distinctive trademarks are still great tomatoes. But a confusingly similar product name and product image without Cherubs is an empty promise to the consumer," said Ambelang. "The confusing nature of copycat trademarks could also mislead consumers and others to wrongly believe that the copycat is a NatureSweet product, or that the two companies are somehow connected – neither of which would be true."

Well-established 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.

"Our trademarks are part of our DNA. We spent years developing them and they represent NatureSweet's dedication to great taste, quality, safety and high standards," said Ambelang. 

When a competitor adopts a trademark that is likely to be confused by consumers with a protected trademark, or suggests an affiliation between the competitor and the owner of the protected trademark, it is liable for trademark infringement and unfair competition in violation of federal law.

About NatureSweet
NatureSweet, Ltd., based in San Antonio, Texas, is the leading grower of premium fresh tomatoes in North America under the Nature Sweet® brand. NatureSweet is the leading brand of tomatoes in the United States. More than 4,000 NatureSweet associates proudly grow its products at the company's growing operations, which comprise more than 1,100 acres of greenhouse facilities.

SOURCE NatureSweet, Ltd.