Lodi olive oil company Corto Olive, L.P. announced on Monday that it has reached a settlement in its lawsuit against Gemsa Oils that alleged Gemsa Oils infringed on Corto Olive’s 51-49 registered trademark and the distinctive packaging for its brand of blended oil.
In the lawsuit, Corto Olive claimed that Gemsa Oils, a direct competitor, used packaging that was virtually indistinguishable from Corto Olive’s packaging. Gemsa Oils denied Corto Olive’s claims.
As part of the settlement, however, Gemsa Oils 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, according to a press release from the public relations firm Sara Verbinnen & Co.
Corto Olive has dismissed the lawsuit, according to the press release.
“Corto is committed to protecting its intellectual property and to protecting our customers, including the restaurateurs and food service distributors nationwide, who count on our products as the standard-bearer for premium olive oils,” said Tom Cortopassi, senior managing partner of Corto Olive. “This agreement achieves that objective.”
“Gemsa Oils has now taken steps to differentiate our packaging from that of Corto Olive,” said Emilio Viscomi, founder and co-owner of Gemsa Oils. “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.”
Corto Olive, L.P. is a California-based manufacturer of premium olive oils for restaurateurs, including brands such as 51-49. Corto Olive’s 51-49 brand is used in dressing salads, finishing warm entrees, light sautéing, and signature sauces and is marketed to restaurateurs through food service distributors.
Southern California-based Gemsa Enterprises is a family-owned and operated producer of extra virgin olive oil and an importer of premium edible oils. Serving the restaurant, food service and food manufacturing sectors of the industry.