Fresh Del Monte Wins Jury Verdict

Skadden secured a sweeping victory for Fresh Del Monte Produce, Inc. in a jury trial against Del Monte Foods Co. in the U.S. District Court for the Southern District of New York. On April 6, 2012, after a two-week trial, the jury found that Fresh Del Monte has the exclusive right under the parties' contract to use the Del Monte trademark on certain refrigerated preserved fruit. The jury also returned a verdict in favor of Fresh Del Monte on five out of six Lanham Act false advertising claims, finding a willful violation, and that Del Monte Foods' sale and marketing of refrigerated preserved fruit products misled consumers. The jury awarded damages on both claims; the injunction phase begins this month.