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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
  • Blog
  • Contact

Appeal “bought” in Roundup cancer case, and other legal news to ponder from Cape Law Firm

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Cape Law Firm Blog

by Joel Cape

Beef Mart | Cape Law Firm
Agriculture

Beef-Mart, Weed Control Wars, and Other Legal News

A BIG WELCOME BACK to College Football season (and almost Fall)! We hope to keep you informed and entertained between games with the newest edition of our newsletter with legal news and noteworthy happenings for agriculture professionals (and the occasional contrarian viewpoint). We also aim to keep our readers guessing with a bit ‘o trivia (and the chance to win a prize)! If someone thought well enough to forward this to you and you’d like to be on the list, please click here to sign up. Beef-Mart Aiming for a More Reliable Burger ​The Wall Street Journal recently reported that Walmart has acquired a minority equity stake in Sustainable Beef LLC,

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joelcape September 9, 2022
Jack Daniels | Cape Law Firm
Brands

Dog Poop Humor, EPA’s revised Risk Assessment for Dicamba

Jack Daniel’s is Going to the Dogs Famous whiskey maker Jack Daniels has been on the losing side of a long-running trademark battle with a dog chew toy manufacturer, VIP Products, over a dog toy that resembles Jack Daniel’s iconic Tennessee Whiskey bottle. Jack Daniels sued VIP for trademark infringement and dilution after the company refused to stop producing and marketing a chew toy known as “Bad Spaniels” in the shape and style of Jack Daniels: Jack Daniel’s won a bench trial on its claims, but the 9th Circuit Court of Appeals reversed and held that VIP’s artistic parody of Jack Daniel’s marks was entitled to protection under the First

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joelcape August 26, 2022
Transgenic Plants Cells
Agriculture

Battle of the Stacked Traits, Transgenic Plants Cells and Other Legal News

Battle of the Stacked Traits Corteva recently sued Bayer-Monsanto in Delaware federal district court alleging infringement of its U.S. Patent No. 10,947,555 (“555 Patent”) which was issued on March 16, 2021. The ‘555 patent covers transgenic plants cells (and plants) incorporating a transgene that expresses the “AAD-1” protein which provides tolerance to 2 different herbicides: 2,4-D and quizalofop. The patent also indicates the AAD-1 transgene can be stacked with other herbicide-tolerance genes to provide resistance to additional herbicides. Corteva has commercialized this technology in its Enlist branded products. In the suit, Corteva alleges that Monsanto has been aware of Corteva’s genetic technology resulting in the AAD-1 transgene for many years

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joelcape August 19, 2022
Hemp Seed News
Hemp

Certified Hemp Seed, Global Population Peak, and Other News

Hemp Industry Pushes for Hemp Seed Certification Hemp industry stakeholders have launched an initiative centered on seed certification to lessen the regulatory burden of hemp production. The campaign is called “Value the Seed” and aims to provide growers and producers with exemptions to sampling, testing, and fees if they use certified seed to plant their crops. Seed certification is a proven, age-old process of producing high quality, uniform, genetically pure seed which has been used in numerous crops. Research, breeding and selection have resulted in many good quality varieties that consistently produce low-THC-compliant crops without environmental influence. By planting certified seed of these varieties, a grower can consistently produce hemp

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joelcape August 12, 2022
Treated Seed | Cape Law FirmFirm
Agriculture

EPA to Consider Treated Seed Regulation | Corn Farmers Lose Suit

EPA Sets Deadline to Consider Treated Seeds EPA recently released a proposed consent decree to resolve litigation brought by environmental groups suing the Agency to require regulatory oversight of treated seed under FIFRA. Under the proposed decree, the EPA will decide by September 30, 2022 whether it will proceed with preparing regulations for treated seed. We reported on this lawsuit earlier this year, which focuses on the use of the “treated articles” exemption under FIFRA for seed treated with pesticides. The environmental groups claim that EPA should be regulating treated seeds as pesticides instead of allowing them to escape FIFRA registration under the exemption. EPA has opened the proposed decree for

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joelcape August 5, 2022
Purple Straw Wheat
Agriculture

Making Biscuits Tasty Again | Premium Award for Premium Beef

A Variety Revival – Purple Straw Wheat Brings Flavor Back in Vogue Purple Straw wheat, a variety that nearly went extinct, is making a comeback thanks to plant breeder Brian Ward at Clemson University and the Carolina Gold Rice Foundation. Named for the color of its stem and husk, the variety’s history has been traced as far back as the early 1700’s when it was being grown in the U.S. before the American Revolution. Purple Straw’s success was due in part to its early maturity which allowed it to escape pests which crippled or destroyed other varieties grown at the time. Unfortunately, Purple Straw fell out of favor in the

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joelcape July 22, 2022
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