Del Monte

O'Melveny obtained a big win in a long-running trademark war between our client, Del Monte, and its licensee Fresh Del Monte Produce Inc. (FDP). In response to a cease-and-desist letter threatening arbitration, FDP asked for a declaration from the Southern District of New York that Del Monte had abandoned its trademark rights in Europe, Africa, and the Middle East so that it no longer needed to comply with the terms of its license. The court agreed with Del Monte that FDP was not entitled to such relief in the U.S., leaving Del Monte free to pursue its arbitration. The court held that “it would be grossly intrusive for a United States court to utilize the Lanham Act to declare trademarks registered by a foreign government under foreign law abandoned.”