''Del Monte Fresh Produce Co. v. Dole Food Co.'', 136 F. Supp. 2d 1271 (S.D. Fla. 2001), was a

trade secret Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ...

misappropriation In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc without that person's permission, resulting in harm to that person. Another use of the word refers to intentional a ...

case where Del Monte Fresh Produce Company asserted that

Dole Food Company Dole plc (previously named Dole Food Company, Standard Fruit Company) is an Irish agricultural multinational corporation headquartered in Dublin, Ireland. The company is among the world's largest producers of fruit and vegetables, operating wit ...

obtained their specialty

pineapples The pineapple (''Ananas comosus'') is a tropical plant with an edible fruit; it is the most economically significant plant in the family Bromeliaceae. The pineapple is indigenous to South America, where it has been cultivated for many centurie ...

through non-legal means and were unjustly enriched as a result.

Facts

Through the expenditure of time, money, research, and other resources, Del Monte developed a special pineapple variety called MD-2 that was sweeter and contained more

vitamin C Vitamin C (also known as ascorbic acid and ascorbate) is a water-soluble vitamin found in citrus and other fruits and vegetables, also sold as a dietary supplement and as a topical 'serum' ingredient to treat melasma (dark pigment spots) ...

fiber Fiber or fibre (from la, fibra, links=no) is a natural or artificial substance that is significantly longer than it is wide. Fibers are often used in the manufacture of other materials. The strongest engineering materials often incorpora ...

, color, and a milder texture than competing pineapples. Del Monte marketed these pineapples under the name "Del Monte Gold Extra Sweet." Dole obtained the MD-2 pineapple through non-legal means via a farmer in Costa Rica who had been hired by Del Monte to grow the pineapple. Dole then began selling the same variety under the moniker "Dole Premium Select." The main question presented to the court was whether or not a pineapple could be a protectable trade secret.

Holding

The court discussed Del Monte's failure to precisely define what about the pineapple was misappropriated. The court stated that one cannot necessarily protect a pineapple as a thing, but one can protect something about the pineapple whether it be genetic makeup, growing techniques, etc. Court ultimately held that a pineapple's genetic information could be a protectable trade secret, and that there was misappropriation.Elizabeth Rowe & Sharon Sandeen, ''Cases and Materials on Trade Secret Law'' (West 2012).

References

External links

* 2001 in Florida 2001 in United States case law Trade secret case law United States District Court for the Southern District of Florida cases Del Monte Foods Dole plc Pineapple production {{US-case-law-stub