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Alleging trademark infringement and unfair competition, San Antonio-based Desert Glory Ltd. has filed a lawsuit against Ag-Mart Produce Inc., which does business as Santa Sweets Inc.
Desert Glory’s suit charges that the Plant City, Fla.-based Ag-Mart copied the packaging design Desert Glory uses for its NatureSweet Cherubs brand tomatoes. Desert Glory is trying to prove Ag-Mart intentionally chose a tomato package design similar to its own to confuse consumers and take advantage of Cherubs’ brand reputation.
“Desert Glory spent years and millions of dollars to develop and protect its trademark rights in the NatureSweet Cherubs packaging,” noted the company’s CEO, Bryant Ambelang. “It’s wrong for a competitor to copy our hard work in ways likely to confuse consumers for their own gain.”
In addition to asking the courts to stop Ag-Mart from using the packaging, Desert Glory is suing for profits that Ag-Mart makes through use of the packaging, and compensation for damage to Desert Glory and its brand reputation.
Desert Glory received trademark protection on its Cherubs packaging — which features a cylindrical clear-plastic top on a circular yellow plastic bottom — in December 2007. It launched the packaging in March 2006 and obtained trademark protection for the Cherubs name in October 2006.