The Cosmic Crisp apple, known for its juicy sweetness and long shelf life, has garnered not just consumer interest but also legal battles. Washington State University (WSU), responsible for its creation, has fiercely defended its intellectual property rights, leading to two notable lawsuits aiming to safeguard the Cosmic Crisp’s unique identity.
First Bite: WSU vs. Phytelligence (2018)
In 2018, WSU filed a lawsuit against Phytelligence, a Seattle-based startup. The accusation? Phytelligence was propagating Cosmic Crisp apple trees without a license, potentially damaging WSU’s reputation and infringing on its trademark. This move aimed to prevent unauthorized propagation and maintain control over the apple’s distribution.
Second Serving: PVM vs. Angel’s Grafting and Nursery (2019)
Proprietary Variety Management (PVM), managing the Cosmic Crisp’s licensing for WSU, took legal action against Angel’s Grafting and Nursery in Yakima, Washington, in 2019. Similar to the first lawsuit, the claim was unauthorized propagation of Cosmic Crisp trees, highlighting the ongoing efforts to protect the variety’s intellectual property.
The Verdict: Sweet or Sour?
The legal battles yielded contrasting outcomes:
- Phytelligence Prevails: In June 2019, the court dismissed the case against Phytelligence, ruling that their actions didn’t constitute trademark infringement as they weren’t using the “Cosmic Crisp” name in marketing. This raised questions about the boundaries of trademark protection and potential loopholes.
- Angel’s Settles the Score: In September 2020, Angel’s reached a settlement with PVM, agreeing to undisclosed terms. This demonstrated WSU’s commitment to enforcing its intellectual property rights and served as a cautionary tale for others considering unauthorized propagation.
Beyond the Lawsuit: A Core of Protection
While the specific outcomes differed, the Cosmic Crisp lawsuits highlighted the significance of protecting intellectual property in the agricultural industry. They brought awareness to the challenges of controlling plant variety propagation and the potential legal consequences of infringement. These cases contribute to ongoing discussions about balancing innovation with fair compensation for research and development efforts.
Looking Ahead: A Sustainable Orchard
As the Cosmic Crisp’s popularity continues to grow, protecting its intellectual property remains crucial. WSU’s legal actions demonstrate their commitment to maintaining control over the variety’s distribution and ensuring proper compensation for their efforts. The future might see further developments in legal frameworks and regulations specifically addressing plant variety protection in an evolving agricultural landscape.
| Complete Date | Case | Citation | Court | Short Summary |
|---|---|---|---|---|
| 2018 | WSU vs. Phytelligence | – | U.S. District Court, Western District of Washington | WSU accused Phytelligence of unauthorized propagation of Cosmic Crisp trees, harming their reputation and infringing on the trademark. |
| 2019 | PVM vs. Angel’s Grafting and Nursery | – | U.S. District Court, Eastern District of Washington | PVM, managing Cosmic Crisp licensing for WSU, sued Angel’s for unauthorized propagation, highlighting the importance of protecting intellectual property. |
| June 2019 | – | – | – | Court dismissed the case against Phytelligence, ruling their actions didn’t constitute trademark infringement. |
| September 2020 | – | – | – | Angel’s settled with PVM, agreeing to undisclosed terms. |
