Court rules in favor of Malena on trademark case
Court rules in favor of Malena on trademark case
The U.S. District Court for the District of Arizona entered a preliminary injunction order Nov. 8 against Ciruli Bros. LLC and Agricola San Isidro de Culiacan prohibiting them from "using any reproduction, counterfeit or imitation of the trademark Malena."
In reaching its decision, the court found that Malena Produce, which is based in Nogales, AZ, had established that it was likely to succeed in a final decision that it is the rightful owner of the Malena trademark. As a consequence, until further court order, Malena Produce has the sole and exclusive right to commercially distribute "Malena" brand fresh fruit and vegetables, including the "Malena" brand eggplant in the United States.
Gonzalo Avila, business manager of Malena Produce, said in a statement, "By maintaining our position as the only distributor with full rights to the 'Malena' label, we are able to ensure that our customers receive only the high level of quality, service and reliability that the industry expects from 'Malena' brand produce. My grandfather started the label in 1956, and my family has worked since then to build on our positive reputation as a reliable source of quality, safe, fresh fruits and vegetables."
In reaching its decision, the court found that Malena Produce, which is based in Nogales, AZ, had established that it was likely to succeed in a final decision that it is the rightful owner of the Malena trademark. As a consequence, until further court order, Malena Produce has the sole and exclusive right to commercially distribute "Malena" brand fresh fruit and vegetables, including the "Malena" brand eggplant in the United States.
Gonzalo Avila, business manager of Malena Produce, said in a statement, "By maintaining our position as the only distributor with full rights to the 'Malena' label, we are able to ensure that our customers receive only the high level of quality, service and reliability that the industry expects from 'Malena' brand produce. My grandfather started the label in 1956, and my family has worked since then to build on our positive reputation as a reliable source of quality, safe, fresh fruits and vegetables."