(June 27) BOISE, Idaho — A 4-year-old legal battle between the Idaho Potato Commission and Goshen, N.Y.-based M&M Produce Farms & Sales isn’t over yet.

The commission plans to appeal the latest rulings in the case, handed down by U.S. District Judge Charles Brieant June 10-11. The judge vacated a monetary award that a jury granted to the commission in February.

The legal battle surrounds a potato commission contention that M&M misidentified potatoes it sold as coming from Idaho. After a two-week trial in February, a jury found that the commission failed to prove that M&M had sold other potatoes as Idaho potatoes but that M&M had used the commission’s certification marks without license to do so.

The jury awarded the commission $41,962, the profits it said M&M had made on the sale of potatoes labeled as Idaho without license.

In mid-June, however, Brieant overturned the monetary award, saying there was no basis for an award. In his ruling, the judge recognized the validity of the commission’s certification marks and acknowledged that the commission has the right to enforce its marks.

Pat Kole, lawyer for the Idaho Potato Commission, said the commission was pleased with the jury’s finding this winter and disappointed in what it saw as a mistake by the judge.

“We were pleased that the jury found that the defendant had willfully infringed upon (Idaho Potato Commission) certification marks,” Kole said. “We believe the judge made a mistake in undoing what a jury of citizens and peers had done. As a result, we will be filing an appeal to correct this error of law.”

M&M could not be reached for comment.