UPDATE: Jury Awards $13.2 Million to Fresh Del Monte in Dispute Over “Fresh” Produce

The jury has returned a $13.2 Million verdict in favor of Fresh Del Monte in the dispute over “fresh” that was the subject of this post.   According to the Wall Street Journal:

Fresh Del Monte said a jury returned a unanimous verdict on Friday in its favor, finding that Fresh Del Monte has the exclusive right under the parties’ licensing agreement to use the Del Monte trademark on certain refrigerated preserved fruit products.

The jury also returned a unanimous verdict in Fresh Del Monte’s favor in five out of six false-advertising claims, finding that Del Monte Foods‘ sale and marketing of refrigerated preserved fruit products misled consumers into believing the products were fresh fruit and that Del Monte Foods willfully violated the Lanham Act, which involves trademark uses.

The jury awarded separate damages to Fresh Del Monte totaling $13.2 million for both claims.

See full article here and additional coverage here.

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