The Cosmic Crisp apple is a variety of apple developed by Washington State University (WSU). The apple is known for its crispness, sweetness, and long storage life. WSU owns the trademark for the Cosmic Crisp apple.
First Lawsuit
In 2018, WSU filed a lawsuit against Phytelligence, a Seattle-based startup that had been propagating Cosmic Crisp apple trees without a license. WSU alleged that Phytelligence’s actions were infringing on its trademark and damaging its reputation.
Second Lawsuit
In 2019, Proprietary Variety Management (PVM), a company that manages the licensing of the Cosmic Crisp apple for WSU, filed a lawsuit against Angel’s Grafting and Nursery, a nursery in Yakima, Washington. PVM alleged that Angel’s was also propagating Cosmic Crisp apple trees without a license.
Outcomes of the Lawsuits
In June 2019, a federal judge dismissed the lawsuit against Phytelligence. The judge ruled that Phytelligence’s actions did not constitute trademark infringement because the company was not using the Cosmic Crisp apple name in its marketing.
In September 2020, Angel’s agreed to settle the lawsuit with PVM. The terms of the settlement were not disclosed.
Conclusion
The Cosmic Crisp apple trademark lawsuits have highlighted the importance of protecting intellectual property rights. Businesses should be aware of the potential consequences of infringing on trademarks and copyrights.
