Litigation » Prize Avocado IP, Headed For Court

Prize Avocado IP, Headed For Court

September 21, 2018

sandwich with avocado and a fried egg on a white plate on a light rustic wood surface

A grower in the Dominican Republic discovered a new strain, said to produce avocados large enough to make a whole loaf of avocado toast but still having the rich flavor of some of the smaller California varieties. The new strain also has the advantage of a long and late ripening period. The man who discovered it named it Carla and the family got the U.S. patent, but in recent years they’ve been seeing what they maintain are Carlas showing up in south Florida grocery stores. After buying up samples and having their DNA analyzed, the company’s legal team has taken a distributor to court, alleging its avocados could only have come from clones of the patented Carla. The lawsuit seeks to have the offending sales halted and asks for years worth of damages. The company filed its first cease-and-desist notice in 2012.

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