KUMATO� trademark in advertising, promotional, and sales materials.
The brand KUMATO� designates tomato fruits grown from hybrid tomato plants varieties SX387 and/or OLMECA that are protected by Community Plant Variety Rights.
Such tomatoes are meticulously produced, harvested, packed and distributed according to specific criteria.
Customers and consumers recognize and select KUMATO� tomatoes from SYNGENTA and its authorized resellers and licensees on the basis of these company's Intellectual Property Rights, which constitute a promise of premium consistent produce capturing all the characters of an unique, genuine and high-quality tomato.
Without these intellectual property rights, consumers and customers would not be able to distinguish tomatoes of SYNGENTA and its licensees from those of other origins, nor would they be able to readily identify the superior qualities that the KUMATO� brand and others intellectual property rights endorse.
Use of KUMATO� trademark to designate tomatoes of unknown origin or tomatoes obtained from illegal reproduction and propagation of the above mentioned protected varieties causes prejudice to SYNGENTA and its authorized resellers and licensees and constitutes an infringement of SYNGENTA intellectual property rights that will be prosecuted by any appropriate legal means.