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CAMPBELL, CALIFORNIA –
Proven Winners North America LLC has once again prevailed in
a federal court lawsuit enforcing its patent and trademark
rights, this time against several Canadian parties. The
accused company and its individual owner, both of Canada,
were enjoined by order of the United States District Court.
The injunction in favor of Proven Winners enforced over 200
patents and nearly 50 of Proven Winners’ trademarks against
the accused infringers.
The defendants were also required by agreement to pay
damages which according to Proven Winners was a considerable
sum.
Trial counsel for Proven Winners, Jennifer Whitelaw of
Whitelaw Legal Group in Naples, Florida, said, “Protecting
these valuable plant varieties is something we take
seriously. The rights in these plants are the result of
hard work and innovation. The law protected these plants.
That in turn benefited all of the lawful growers of the
PROVEN WINNERS brands.”
Mark Broxon, Executive Director of Proven Winners, said that
Proven Winners now has quite a record of success in
infringement suits. The company does all it can to avoid
having to take legal action and works with growers who may
not understand the rules. When illegal discoveries are
made, most growers are glad to resolve matters and get back
to business, says Broxon.“Proven Winners will continue to
protect the value of our breeders’ intellectual property
rights” said Broxon. "The vast majority of growers do not
propagate illegally. Those that do, however, must be
stopped," he says. “Paying royalties ensures the flow of
great new genetics to the industry. Without breeder
royalties, great advancements stop happening. If you’re an
illegal propagator, you’re not the only one who has a lot to
lose. The entire industry loses when these rights are not
honored.”
In this case, “lose” may be an understatement. For the
Defendants in this most recent case, it meant paying damages
in an amount many times greater than the costs of simply
paying the assessed charge for the plants in the first
place.
Like a number of the world’s top breeders and plant
marketers, Proven Winners’ plant patent rights are
administered by Royalty Administration International (RAI).
RAI’s Manager for North America, Jerry Ruskan, was also
pleased. “Our job is to help the companies and breeders we
represent receive the payments that are due them, and to
keep the connection with the grower positive. Another win
just makes our message clearer.”
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