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Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Growers of Carla avocado seeks injunction against clones

There are many different products and that people use in Florida. These products are made by various companies and can earn those companies significant amounts of money. So, it is important for those companies that others cannot simply copy their products and take business away from them. Therefore, to protect these products and continue to be able to earn money off their inventions, people and companies can obtain trademarks and patents so they are the sole owners of the product.

While usually people do not think of fruits or vegetables when they think of patents or trademarks, recently the growers of the Carla avocado filed for an injunction against another produce company to stop selling a clone avocado. The company that first discovered the Carla patented it and obtained exclusive rights to sell it until 2021. It was found on one single tree, and the company claims that the new company had to have cloned it by grafting a branch from the original tree.

This case is certainly a unique case of patent infringement, but these types of cases are common. When someone has a good idea or develops a popular product, it is inevitable that competitors in the business will want to try and make money off of it as well. The other companies may try to make some minor changes and that is what generally will lead to the dispute. These cases generally dispute whether the new product is close enough to the original that the new company is guilty of patent infringement.

Many companies in Florida have patents and trademarks for various products they have developed. If the products are profitable, then others within the industry will try to develop similar products to try and capitalize on the profitability. This can lead to injunctions and patent infringement disputes. If the original patent holder is successful, they could be entitled to compensation. These can be very complex cases. Experienced attorneys may be a useful resource.

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