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FRESH DEL MONTE PRODUCE INC. v. DEL MONTE FOODS

No. 08 Civ. 8718(SHS).

933 F.Supp.2d 655 (2013)

FRESH DEL MONTE PRODUCE INC., Plaintiff and Counterclaim Defendant, v. DEL MONTE FOODS COMPANY, and Del Monte Corporation, Defendants and Counterclaim Plaintiffs.

United States District Court, S.D. New York.

March 28, 2013.

Attorney(s) appearing for the Case

Anthony Joseph Dreyer, Kenneth Alan Plevan, Jordan Adam Feirman, Lauren Emily Aguiar, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, Raoul Dion Kennedy, Skadden Arps Slate Meagher & Flom LLP, Palo Alto, CA, for Plaintiff and Counterclaim Defendant.

Bruce P. Keller, Eric Daniel Meyer, Michael J. Beam, Debevoise & Plimpton, LLP, Lashann Moutique Dearcy, Morrison & Foerster LLP, New York, NY, Lorin L. Reisner, Securities and Exchange Commission, Washington, DC, Arturo J. Gonzalez, Dennis Patrick Orr, Morrison & Foerster LLP, San Francisco, CA, for Defendants and Counterclaim Plaintiffs.

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...

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