Consumers Win Legal Victory: "Mastronardi Will Be Forced To Cease Its Monopolistic Behavior.”
For Immediate Release:
Wednesday, October 22, 2008
Eatontown, NJ, October 22, 2008 –Although recent trade press releases suggest an exclusive right to "Campari" utilizing the registered trademark symbol, in a ruling that should pave the way for increased competition in the market for the "Campari" tomato varietal, the United States Patent and Trademark Office ("PTO") has upheld the claims of the plaintiff in a trademark cancellation proceeding contending that Mastronardi Produce Ltd. committed fraud on the PTO and that "Campari" is the generic term for a plant varietal, not a registrable trademark. The PTO’s ruling allows the plaintiff to move forward with proving its fraud claims based on Mastronardi’s intentional failure to disclose to the PTO that the term "Campari" is generic and that Mastronardi is not the owner of the Campari mark. Growers and marketers of the Campari tomato variety were extremely pleased with the PTO’s 10-page ruling because it moved them closer to their goal of bringing fair competition to the market for the Campari varietal. "The PTO’s ruling is a victory for consumers and a blow to Mastronardi’s attempt to assert a strangle-hold on the tomato market," said Michael DeGiglio, Chief Executive Officer of Village Farms. "We are pleased that the PTO agrees with the validity of the claims against Mastronardi. We have every confidence that, once and for all, Mastronardi will be forced to cease its monopolistic behavior." DeGiglio concluded, "In keeping with these rulings, Village Farms, the largest grower and marketer of premium hydroponic produce in North America, continues to grow, market, and sell Campari." For a full copy of the PTO’s opinion, visit the PTO web site at the following address: http://ttabvue.uspto.gov/ttabvue/v?pno=92045971&pty=CAN&eno=21.
About Village Farms:
Village Farms is the largest producer, marketer and distributor of premium-quality, greenhouse grown tomatoes, bell peppers and cucumbers in North America. This premium product as well as product produced under exclusive arrangements with other greenhouse producers is grown in sophisticated, highly intensive agricultural greenhouse facilities located in British Columbia, Texas and Pennsylvania and is marketed and distributed under its Village Farms® brand name, primarily to retail supermarkets and dedicated fresh food distribution companies. Village Farms markets and distributes throughout the United States, Canada, Mexico and Japan, and currently operates seven distribution centers located across the United States and Canada. Since its inception, Village Farms has been guided by a sustainable agriculture policy which integrates three main goals - environmental health, economic profitability and social and economic equality.