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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

Herbicide 30 Years in the Making, Organic Hydroponics, and other legal news to ponder from Cape Law Firm

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Cape Law Firm Blog

by Joel Cape

No Milking Wild Cows
Agriculture

No Wild Cow Milking, Generic Pesticides and More

No Wild Cow Milking in California A proposed ordinance in Alameda County, California aimed at rodeo events was mostly voted down, although an amended version was passed which will ban the “wild cow milking” event that is popular at ranch rodeos. The original language of the ordinance proposed a ban on much of the equipment used at rodeos, including ropes, spurs, and straps: “Prohibition of specified devices for equine, bovine, and ovine animals. No person shall conduct roping of any equine (including but not limited to any horse, mare, pony, ass, donkey, burro, mule, or hinny), bovine (including but not limited to any steer, calf, bull, ox, heifer or cow),

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joelcape September 30, 2022
Biotech Engineering and More
Agriculture

No QR Code for Bioengineered Food, More Modernizing of Biotech and more!

National Bioengineered Food Standard Upheld A challenge to the National Bioengineered Food Disclosure Standard of 2016 was largely rebuffed by in a lawsuit filed by coalition of natural and organic grocers. USDA’s implementation of the law provided three options for disclosure of bioengineered foods: (i) text, (ii) a USDA-created symbol, or (iii) electronic or digital link (i.e., a Quick Response (QR) code that directs scanners to online information). The Northern District of California dismissed most of the challenges to USDA’s rule, including the use of the term “bioengineered” instead of “genetically engineered.” However, the court did rule that the use of the QR Code as a stand alone option for

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joelcape September 23, 2022
Big Purple Tomato
Agriculture

Purple Tomatoes, Certified Scotch, and More!

HAPPY FRIDAY! We’re back to keep you informed and entertained 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. A Purple Tomato for What Ails You ​USDA’s Animal and Plant Health Inspection Service has given approval to a new genetically modified tomato developed by Norfolk Plant Sciences with improved levels of anthocyanins, giving the tomato a deep purple color.

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joelcape September 16, 2022
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
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