Staccato cherry rights defended

Could a cherry by any other name be as sweet?

A federal court in Washington State believes so, and recently upheld Agriculture and Agri-Food Canada’s claim to the successful variety against attempts by a Washington grower to market it under a different name.

On August 22, the US District Court for the Eastern District of Washington definitively ruled that a cherry marketed as “Glory” is actually Staccato, a commercially successful late-season variety developed by Agriculture and Agri-Food Canada (AAFC) and managed by Summerland Varieties Corp. (SVC).

Glory was allegedly discovered as a chance seedling in a Washington orchard but DNA analysis presented by AAFC officials proved otherwise.

“When we first heard about this new late season cherry named Glory down in Washington state we were curious and started investigating,” says SVC general manager Sean Beirnes. “The Glory tree looked like a Staccato tree. It blossomed, matured and ripened at the same time as Staccato, and the fruit looked and tasted the same as Staccato.”

Beirnes says AAFC’s suspicions, and decision to pursue the case, represents a victory not just for industry but all Canadians.

“This is government stepping up and enforcing their rights for the benefit of Canadians,” he says. “Government is ensuring that the investment that Canadians and our licensed partners have made in our breeding program is not being exploited.”

The saga traces its roots to the 1990s when Washington’s Van Well Nursery agreed to grow and test Staccato cherry trees on behalf of AAFC. The agreement didn’t permit plant sales, however, a tree from the test plot was included in a shipment of Sonata (another AAFC-developed variety) Wenatchee-area grower Gordon Goodwin received.

“When a grower discovers a commercial nursery-grafted tree in their orchard is different than the others, their first presumption should be that it was a mix-up at the nursery,” Beirnes says. But instead, Goodwin, who is also a pastor, claimed it was a gift from God. He patented the variety and licensed it to Van Well Nursery with fruit shipped through Monson Fruit Co.

While the recent federal ruling is a sweet end for Staccato, it’s opened a pit of bitterness for Glory’s proponents.

Having proven that Glory is Staccato, AAFC plans to pursue claims against Van Well, Goodwin and Monson for conversion, the unlawful possession and use of Staccato plant material for their own purposes, as well as false advertising and business interference.

Staccato plant material and fruit are tightly controlled under a business arrangement between AAFC, SVC, and Stemilt Growers, the sole authorised US packer and marketer of Staccato cherries.

 

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