A favorable settlement has been reached between Corto Olive, L.P. (Corto Olive) and Gemsa Enterprises, LLC (Gemsa Oils) following a lawsuit filed by Corto Olive against Gemsa Oils for allegedly infringing Corto Olive’s 51-49 registered trademark and the distinctive packaging for its brand of blended oil.
Olive alleged that the defendant, a direct competitor, used packaging that was similar with that of the plaintiff.
Gemsa Oils reportedly denied Corto Olive’s claims disagreeing that the packaging was similar with that of the plaintiff.
Gemsa Oils has reportedly agreed to cease all use of the allegedly infringing packaging, to recall unsold inventory in the old packaging, to destroy all of the old packaging and marketing materials, and to create new packaging designs, which Corto Olive has approved.
“Corto is committed to protecting its intellectual property and to protecting our customers, including the restaurateurs and foodservice distributors nationwide, who count on our products as the standard-bearer for premium olive oils,” Tom Cortopassi, Senior Managing Partner of Corto Olive reportedly said.
“Gemsa Oils has now taken steps to differentiate our packaging from that of Corto Olive. We are glad to put this dispute behind us so that we can focus on our commitment to providing high quality blended oils to consumers.” Emilio Viscomi, founder and co-owner of Gemsa Oils reportedly said.
Corto Olive has dismissed the lawsuit with prejudice.