The court ruled that a variety being sold as Glory is in fact Staccato, a variety developed by Agriculture and Agri-Food scientists at Summerland, British Columia.
Summerland Varieties Corp. holds exclusive rights to Staccato.
Gordon Goodwin, a grower who is also a pastor, said the Staccato cherry tree he grew was a gift from God and he patented it as Glory and licenced it to Van Well Nursery who marketed trees through Monson Fruit Co.
But genetic evidence proved Glory was in fact Staccato and was from a test plot that included another Summerland-developed variety called Sonata.
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, reported Country Life in B.C. magazine.
Staccato plant material and fruit are tightly controlled under a business arrangement between AAFC, SVC, and Stemilt Growers, the sole authorised U.S. packer and marketer of Staccato cherries.
