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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

Quality seed – where does it begin?

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Cape Law Firm Blog

by Joel Cape

Trademark Exhaustion News
Legal News

USDA Seeking Ag Competition Comments, Trademark Exhaustion, and More

USDA Requests Comments on Anti-Competitive Issues in Seed, Fertilizer, and Ag Inputs ​USDA recently launched an inquiry seeking public comments on the current market structures and consolidation in three market segments: (i) fertilizer, (ii) seed and agricultural inputs, and (iii) retail. Stemming from the 2021 Executive Order, “Promoting Competition in the American Economy,” the inquiry aims to gather information on the effects of consolidation in key agricultural sectors which will be used to shape policy solutions. USDA’s notice cites several statistics that suggest that industry consolidation has significantly reduced competition, squeezing farmers and ranchers into unsustainable positions, raising prices for consumers, and undermining the American economy. Examples include: Four companies supply

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joelcape May 2, 2022
non-solicitation agreements
Legal News

The Slippery Slope of Solicitation, Guilt-Free Sausage, and other Legal News

The Slippery Slope of “Solicitation” in Non-Solicitation Agreements Although non-solicitation agreements are routinely used to protect trade secrets and prevent unfair competition, in practice these agreements can be challenging to draft and enforce. A recent Texas case addressed what it means to “solicit” in an employment agreement for an employee that went to work for a competitor. A company sought a preliminary injunction against its former employee (a salesperson) to stop him from soliciting the company’s customers on behalf a competitor. The parties disagreed over the type of conduct that constituted “solicitation” under the employment agreement – the employee argued that solicitation required some sort of “active conduct,” while the

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joelcape April 22, 2022
Herbicides News
Agriculture

Benefits of Longer-Term Farm Leasing, Seed Treatment in the Crosshairs

Conservation Benefits of Farm Lease Terms Longer terms for farm leases may motivate more conservation practices on the land according to an Iowa State University study recently highlighted by DTN Progressive Farmer. Although conservation practices for farms and farmland provides a number of benefits “on and off-farm,” the research indicates that leased land can pose an obstacle to adoption of such practices. A significant amount of U.S. farmland is leased to operators, often under short-term leases that are less than 2 years. The study noted the importance of leasing on conservation adoption since “more than half of Midwestern farmland is rented out.” Evidence from the study showed that adoption of cover crops,

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joelcape April 15, 2022
Russian Bread Basket
Agriculture

Ag’s Russian Bread Basket, Hemp’s Happy Cows, & Other Legal News

Ag’s Biggest Players Keep Their Russian Business ​A recent article in the Wall Street Journal revealed that some of the biggest names in agriculture, including Bayer, Cargill, Syngenta, and ADM, have continued to do business in Russia after its invasion of Ukraine. While many other global companies have put Russian operations on hold or severed ties completely, Ag’s big players have continued to sell seed and handle grain crops in the country. Most of the ag companies that have remained in Russia argue that they are obliged to continue operations there out of humanitarian concerns over food availability to Russian citizens. Cargill stated that “Food is a basic human right and

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joelcape April 8, 2022
Grape Varieties
Uncategorized

New Grape Varieties, $50 million for 4-H, and Other Legal News

Two New Table Grape Varieties Developed in Plant Breeding Colloaboration A plant breeding collaboration between Cornell AgriTech, the agricultural experiment arm of Cornell University, and Sun World International, a fruit genetics and licensing company, has developed two new grape varieties which “offer new flavors for consumers and better growing characteristics for farmers.” A new green seedless variety, Sugarfiftytwo, is an ultra-early ripening variety with a muscat flavor, and a new red variety, Sugrasixty, that ripens midseason with large berries and tropical aromas, were the first varieties to be released by joint breeding effort. The new varieties took advantage of Cornell’s unique grape germplasm collection, which dates to 1888 and contains varieties adapted to cooler

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joelcape April 1, 2022
CRISPR Gene Editing News
Utility Patent

CRISPR’s Long Fight, a Gene-Edited Burger, and Other Legal News

The Long Fight for Ownership of CRISPR The U.S. Patent and Trademark Office (USPTO) recently announced a winner (of sorts) in the long-running legal battle over ownership of the revolutionary gene-editing tool known as CRISPR-Cas9. Since 2012, the Broad Institute (which includes the Massachusetts Institute of Technology and Harvard University) and a group led by the University of California-Berkley have been vying to secure patent rights in CRISPR, each claiming that they were the first to invent the biotechnology. CRISPR has become an extremely popular tool among all sorts of technology companies that are using it to edit the DNA of plants, animals, and even human applications. In fact, the

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joelcape March 22, 2022
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