Fresh Del Monte Produce, Inc. v. Del Monte Foods Co., et al.

Analysis Group was retained by the defendant, Del Monte Foods Co., in a suit brought by Fresh Del Monte Produce, Inc. in the Southern District of New York. At issue was the plaintiff's claim that Del Monte Foods had breached a trademark-licensing agreement between the parties and violated the Lanham Act through an advertising campaign for certain refrigerated fruit products. Affiliate Laura Stamm was retained to evaluate the damages claim put forth by the plaintiff's damages expert. She was supported by Vice President Na Dawson.

The largest component of the plaintiff's damages claim was for disgorgement of Del Monte Foods' profits from the sales of the products at issue. Ms. Stamm testified at trial that the plaintiff's claims for an amount ranging between $70 million and $270 million in damages were overstated. She provided an analysis of Del Monte Foods' financial statements to show the expenses that were appropriately deducted from revenues of the accused products. She also provided an apportionment analysis to limit the profits to those that could be attributed to the allegedly false advertising as opposed to other factors that influence a consumer's purchasing decision.

After a six-day trial, the jury found liability but awarded the plaintiff only $7.2 million for the violation of the Lanham Act claims -- a value close to that calculated by Ms. Stamm.

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