Tomato Trademark Tussle

Our first employment aged 15 was picking tomatoes earning 30 pence an hour so we’re more than happy to report on a Tomato Trademark battle

The Chicago Tribune reports…..MightyVine puts up a mighty fight over its tomato’s trademark

MightyVine is suing a major grower of greenhouse tomatoes over its use of the term “mighty” in its branding.

MightyVine, which grows hydroponic tomatoes in a greenhouse in suburban Rochelle, has filed a federal lawsuit against Canadian grower Mastronardi Produce, whose Sunset brand of tomatoes can be found at many U.S. retailers.

The suit alleges Mastronardi’s Tiny Mighty Tomatoes infringe on MightyVine’s trademark because the branding is “confusingly similar” and “trades off the goodwill and brand reputation” of the Rochelle company. MightyVine has held a registered trademark on its name since 2016.

Mastronardi filed a trademark application for Tiny Mighty Tomatoes in April 2018. Its line of Sprinkles Tiny Mighty Tomatoes are yellow and red miniature grape tomatoes marketed to kids.

MightyVine, in the suit, says it sent a cease-and-desist letter in June and Mastronardi responded a week later, declining to abide by its demands. A second letter sent in September went unanswered, according to the suit.

“Mastronardi’s actions demonstrate an intentional, willful, and malicious intent to trade on the goodwill associated with MightyVine’s MightyVine mark, to MightyVine’s great and irreparable harm,” the suit says.

More at

https://www.chicagotribune.com/business/ct-biz-mightvine-tomatoes-trademark-lawsuit-20200121-znyis2poknfkpnztudylmxg6zq-story.html