Fresh Del Monte Produce Inc. v. Del Monte Foods Co.

OPINION & ORDER

SIDNEY H. STEIN, District Judge.

Plaintiff Fresh Del Monte Produce, Inc. (“Fresh”) has moved for a permanent injunction following a jury verdict, largely in its favor, on its breach of contract and Lanham Act claims against defendants Del Monte Corp. (“DMC”) and Del Monte Foods Co.1 The jury found that DMC had breached a trademark license agreement with Fresh by selling Del Monte-branded refrigerated fruit products containing five specified types of fruit; the jury also found that DMC had willfully violated the Lanham Act by falsely advertising that most of the accused product…