• What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • 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.
  • Media
  • Blog
  • Contact
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

Less-farty Cows, Patented Cannabis, and other legal news to ponder from Cape Law Firm

Home » Blog

Cape Law Firm Blog

by Joel Cape

Dicamba
Agriculture

Dicamba’s New Trial, and Other Legal News | Cape Law Firm

Dicamba Gets a New Trial (but not the one it wanted) Last week, the U.S. 8th Circuit Court of Appeals issued its decision in Monsanto’s & BASF’s appeal of a jury verdict in the Bader Farms case awarding $265 million for dicamba damage to Bader Farms peach orchards in southeastern Missouri. The appellate court upheld almost every aspect of the verdict, with the exception of the joint award of punitive damages against Monsanto and BASF – those were remanded for a new trial. The lawsuit was brought by Bader Farms, the largest peach producer in Missouri, over damage to its peach orchards caused by dicamba herbicide. In 2015, Monsanto launched

Read More »
joelcape July 15, 2022
Independence Day
Uncategorized

Happy Independence Day from Cape Law Firm

Hello and Happy Independence Day weekend! We hope everyone is looking forward to the long holiday weekend and the time to celebrate the events that made the United States of America the greatest and most wonderful country ever! We’re taking a bit of a break ourselves this week, but we didn’t want to leave you without some trivia to ponder as you’re shooting your fireworks! Have fun, and we’ll see you back here soon!

Read More »
joelcape July 1, 2022
copyright infringement
Legal News

Delta-8 THC’s Day in the Sun, Supreme Roundup Falls Flat | Other Legal News

​   No Need to Wait for Delta-8 (at least in the 9th) Delta-8 THC, one of the more than one hundred different cannabinoids in the cannabis plant, has been deemed legalized by the US 9th Circuit Court of Appeals. The case, AK Futures LLC v. Boyd Street Distro LLC, arose as a trademark and copyright infringement dispute when AK Futures, an e-cigarette and vaping liquid producer, sued Boyd Street for selling counterfeit versions of AK’s “Cake” brand vaping liquid containing Delta-8 THC. In the lower court, AK obtained a preliminary injunction prohibiting Boyd Street from selling goods bearing the “Cake” logo and displaying copies of the Cake design. ​ In

Read More »
joelcape June 24, 2022
USDA Ag Competition
Agriculture

Comments to USDA’s Inquiry on Ag Competition, and Other Legal News

Docket No. AMS-AMS-22-0025 87 Fed. Reg. 15198 Competition and the Intellectual Property System: Seeds and Other Agricultural Inputs Thank you for the opportunity to submit comments to assist the USDA’s Agricultural Marketing Service prepare its report required by Executive Order No. 14036, “Promoting Competition in the American Economy.”   The comments provided herein focus on the seed industry, particularly seed with biotech traits. My interest in this topic stems from clients that are participants in the seed and agricultural input industry.   Issues of competition and consolidation in the seed industry are not universal across the entire sector. As other commentors have noted, firms supplying seed for certain major crops

Read More »
joelcape June 17, 2022
Federal Biostimulation
Legal News

Federal Biostimulation, CRP Acres Set Free, and Other Legal News

Congress Aims to Bring Order to the Wild, Wooly World of Biostimulants The Plant Biostimulant Act of 2022 was introduced in Congress this month as an amendment to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The bipartisan bill sponsored by U.S. Representatives Jimmy Panetta (D-CA) and Jim Baird (R-IN) would establish a federal definition for “plant biostimulants.” The legislation provides this definition: The term ‘plant biostimulant’ means a substance, micro-organism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, including by improving nutrient availability, uptake or use efficiency, tolerance to abiotic

Read More »
joelcape June 3, 2022
Plant State Board
Legal News

Arkansas State Plant Board Goes Up in Flames (Again), and Other Legal News

Arkansas State Plant Board Unconstitutional – Again For the second time in a less than a year litigation over the appointment process for members of the Arkansas State Plant Board has been found by a court to violate the State Constitution. Judge Chip Welch of the 16th Division of the Pulaksi County Circuit Court ruled that the 2021 amendments to the appointment process remains unconstitutional. While Judge Welch has yet to issue a written opinion, the arguments focus on the involvement of non-profit trade associations in the appointment process. ​We reported last year about the constitutional challenge to the 104-year-old appointment process in which various non-profit trade associations were permitted to appoint

Read More »
joelcape May 27, 2022
Load More
Subscribe to Our Newsletter
Categories
  • Agriculture (67)
  • Brands (8)
  • Cannabis (9)
  • Climate Smart (1)
  • Contracts (2)
  • Electric Vehicles (1)
  • Employee Poaching (1)
  • Hemp (12)
  • Infringement (2)
  • Intellectual Property (5)
  • Land Law (6)
  • Lawsuits (2)
  • Legal News (33)
  • Marijuana (2)
  • Organic (2)
  • Pesticides (13)
  • Plant Patent (3)
  • Plant Variety Protection Act (7)
  • Seed Law (6)
  • Trademark Infringement (1)
  • Trademark Law (13)
  • Trademark Licensing (1)
  • Trademark Registration (2)
  • Uncategorized (23)
  • Utility Patent (2)
Archives
  • June 2025 (2)
  • May 2025 (2)
  • April 2025 (4)
  • March 2025 (1)
  • December 2024 (3)
  • November 2024 (2)
  • October 2024 (1)
  • September 2024 (1)
  • August 2024 (3)
  • July 2024 (3)
  • June 2024 (3)
  • May 2024 (3)
  • April 2024 (1)
  • March 2024 (2)
  • February 2024 (3)
  • January 2024 (3)
  • December 2023 (2)
  • November 2023 (3)
  • October 2023 (2)
  • September 2023 (2)
  • August 2023 (3)
  • July 2023 (2)
  • June 2023 (5)
  • May 2023 (3)
  • April 2023 (4)
  • March 2023 (4)
  • February 2023 (4)
  • January 2023 (2)
  • December 2022 (3)
  • November 2022 (3)
  • October 2022 (2)
  • September 2022 (4)
  • August 2022 (4)
  • July 2022 (3)
  • June 2022 (3)
  • May 2022 (5)
  • April 2022 (4)
  • March 2022 (2)
  • February 2022 (4)
  • January 2022 (4)
  • December 2021 (2)
  • November 2021 (3)
  • October 2021 (4)
  • September 2021 (4)
  • August 2021 (2)
  • July 2021 (4)
  • June 2021 (3)
  • May 2021 (5)
  • April 2021 (4)
  • March 2021 (4)
  • February 2021 (7)
  • January 2021 (6)
  • June 2020 (1)
  • March 2020 (1)
  • January 2020 (1)
  • November 2019 (1)
  • October 2019 (1)
  • May 2019 (2)
  • October 2018 (1)
  • July 2018 (2)
Search

Join Our Newsletter

  • Cape Law Firm PLC
  • 217 E. Dickson – Suite 106
    Fulbright Bldg.
    Fayetteville, AR 72701
  • Phone: (479) 856-6008
  • jcape@capefirm.com
Connect
© 2024 Cape Law Firm PLC. All Rights Reserved. Site by Simplemachine.