Mastronardi Produce has expressed surprise at the lawsuit filed by NatureSweet against the Canada-based fresh produce giant relating to the design and packaging of Mastronardi’s Angel Sweet-branded grape tomatoes, which are due to launch this month.
In the lawsuit NatureSweet claims the features of the new branding, including the name, design and packaging, will cause consumers to confuse the new Angel Sweets with NatureSweet’s own tomato brand Cherubs.
In a statement, Mastronardi said NatureSweet has never complained or made any contact whatsoever to the company regarding the branding, according to Paul Mastronardi, president and CEO of the group.
Mastronardi said it has not yet been served with a formal complaint but believes the lawsuit to be “completely baseless”, claiming the move is designed to challenge the launch of its Angel Sweet line.
“Naturesweet’s claims set forth in their press release are wrong on the facts and I am confident that Mastronardi will prevail in its defense of what is clearly an abusive action designed to frustrate the introduction of our Angel Sweet brand grape tomatoes,” Mastronardi said in the press release.
“Mastronardi uses its own trademarks and its own packaging designs and works with its team of professional advisors in connection with the development, design and implementation of launching new products to market,” Mastronardi continued.
“There is no one who would mistake our packaging and design for that of Naturesweet. Mastronardi candidly notes it has yet to actually sell any product.
“Mastronardi’s application to register Angel Sweet with the United States Trademark and Patent Office (USPTO) is pending and we are confident that a registration will eventually issue.”
Mastronardi markets a range of tomatoes in North America under various well-known brands, including Sunset, One Sweet, and Campari.
