Fresh Del Monte Produce Inc. v. Del Monte Foods Company et al
| Fresh Del Monte Produce Inc. |
| Del Monte Foods Company and Del Monte Corporation |
| Del Monte Foods Company and Del Monte Corporation |
| Fresh Del Monte Produce Inc. |
| 1:2008cv08718 |
| October 14, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Sidney H. Stein |
| Contract: Other |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Filing
173
OPINION & ORDER re: 147 MOTION for Permanent Injunction. MOTION for Attorney Fees And Related Costs. MOTION For Contract Damages Through Commencement Of The Injunction., MOTION For PreJudgment Interest filed by Fresh Del Monte Produce In c. In sum, the need for injunctive relief is not moot. But the evidence at trial and the jurys verdict do not support an injunction of the breadth Fresh has requested. The Court finds that the eBay test has been met and determines that the injunctio n outlined in this Opinion is appropriate and necessary. The Court declines to award Fresh its attorneys fees pursuant to 15 U.S.C. § 1117(a). The circumstances of this case do not warrant the Court exercising its discretion to require DMC to pa y for Freshs attorneys. Similarly, the Court declines to exercise its discretion to award prejudgment interest on Freshs Lanham Act claims. However, the Court will award statutory prejudgment interest on the damages arising from DMCs breach of the L icense Agreement. The Court will add simple 9% interest to the contract damages running from the mid-point of each fiscal years sales from October 13, 2002the start of the statute of limitationsto April 6, 2012, the date of the verdict. See N.Y. C.P.L.R. § 5001. In addition, pursuant to section 5002, the Court will instruct the Clerk of Court to add 9% interest to the judgment from the date of the verdict to the date of the judgment on the sum of (1) the contract damages and (2) t he section 5001 interest. The parties are directed to agree on or before April 19, 2013 on the appropriate sales figures, the amount of the section 5001 interest, and the precise language of the injunction to be ordered by the Court pursuant to this Opinion. (Signed by Judge Sidney H. Stein on 3/28/2013) (mro)
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Filing
30
ORDER, Expert Discovery due by 1/29/2010(fact discovery by 10/30/09, see document for other deadlines. Pretrial Conference set for 1/29/2009 at 10:00 AM before Judge Sidney H. Stein (Signed by Judge Sidney H. Stein on 6/19/09) (cd)
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