Greenhouse-grown vegetable producer NS Brands, which sells NatureSweet, is suing Mastronardi Produce LTD and Mastronardi Produce-USA over allegations of infringement on its packaging intellectual property.
NatureSweet alleges Mastronardi’s new grape tomato package design — a clear plastic container with a yellow lid — mimics its licensed Cherubs packaging, which has a similar design. NatureSweet said in a news release Wednesday that the new design is different than the tomato packaging Mastronardi has used for years and is a “blunt strategy to confuse consumers.”
The key request in the new lawsuit is for Mastronardi to stop using its new grape tomato packaging. This is the third time NatureSweet says it has sued Mastronardi over this issue. The complaint alleges that Mastronardi also tried mimicking NatureSweet’s packaging design in 2012 and 2021 and reportedly stopped after lawsuits were filed.
A Mastronardi spokesperson told The Packer that the company disputes the allegations and will respond accordingly to protect its rights.
The new lawsuit, filed in federal court with Texas’ Western District, “aims to protect the integrity of the grape tomato category,” which NatureSweet says is the largest tomato segment. It attributes that status primarily due to the company’s own investments and commitment to developing it, plus years of R&D for its “unique assets.” The company says consumers have grown to trust its product and a bad experience with a competing product that sports similar packaging could erode that trust.
NatureSweet said in the news release that it will continue to protect its brand and “iconic packaging that is widely recognized by consumers and has de-commoditized the snacking tomato category in retail since its 2006 introduction to the market.”
