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Desert Glory Ltd. and Ag-Mart Produce Inc., doing business as Santa Sweets Inc., announced Nov. 22 an agreement to resolve their dispute over the "SweetRipes" and “Cherubs” package designs.

In September, Desert Glory filed a lawsuit alleging that the “SweetRipes” package design that Ag-Mart/Santa Sweets test marketed late this summer infringed upon Desert Glory's trademark rights to its “NatureSweet” “Cherubs” brand packaging.

According to a press release, under terms of the agreement reached Nov. 22, Ag-Mart/Santa Sweets has agreed to cease use of its yellow bottom, yellow label “SweetRipes” package or any variation of that design that includes an opaque or colored bottom or predominantly yellow label. Ag-Mart/Santa Sweets agreed instead to use the new clear bottom, blue label package design that it recently introduced. Desert Glory has agreed to dismiss its lawsuit against Ag-Mart/Santa Sweets.

The release noted that Desert Glory Ltd., based in San Antonio, TX, is the leading grower of premium fresh tomatoes in North America under the “NatureSweet” brand. As a leading brand of tomatoes in the United States, its growing operations comprise over 1,000 acres of greenhouse facilities and employ over 5,000 associates.

The release also noted that Ag-Mart Produce (www.agmartproduce.com), based in Plant City, FL, is a grower and shipper of both organic and conventional tomatoes, specializing mainly in the grape and heirloom varieties. It operates in multiple growing regions, including three in Florida, one in North Carolina and one in New Jersey, in order to maintain year-round availability for its customers. Ag-Mart operates with a focus on food safety and a commitment to continually develop better sustainable growing practices.