There are two Del Montes, Del Monte Foods and Fresh Del Monte Produce. (some background here and here) I tend to use the DEL MONTE trademark as a cautionary tale in drafting coexistence agreements. To oversimplify: there was an agreement to split use of the DELMONTE trademark by the two companies between fresh produce and prepared/refrigerated produce. Then along came chilled fruit in a cup: fresh or prepared? Too many trademark suits between the DelMontes to link to here. The other source of contention: new forms of media that allows for only one owner: does either side have a better ‘right’ to the TLD .DelMonte?

Here, the Ninth Circuit rules that once ICANN awarded the TLD to one of the DelMontes, ICANN cannot be enjoined from awarding the TLD. Where the activities sought to be enjoined have already occurred, the appellate courts cannot undo what has already been done.

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