In a remote valley in the Dominican Republic, the discovery of a single special tree spawned a new species of avocado. Called the Carla, it has since emerged as a rock star of the avocado world, combining the buttery richness of the popular but small California-grown Hass with the more luxurious sizes of Florida varieties.
Now, the 'inventor' of the Carla is in Miami Federal Court, suing to protect its exclusive rights to sell a valuable product sought by trendy foodies. With allegations of tree-branch theft, clandestine cloning and DNA tests on competitors’ produce, it’s not your everyday patent infringement case.
Agroindustria Ocoeña, the Dominican company that holds a U.S. patent for the Carla, is suing a Miami produce distributor, Fresh Directions International, claiming that it is illegally selling Carlas in South Florida from another grower. They aren’t knock-off avocados either, the lawsuit argues.
DNA tests show they are virtual Carla clones, which the suit suggests can mean only that somebody pruned and pilfered Carla tree branches to recreate their own orchard.
“The party who is importing the illegal fruit either has to stop, or license the patent from my client,” said Coral Gables lawyer Ury Fischer, who represents Agroindustria Ocoeña, listed in patent documents as the Carla tree inventor.
Source: miamiherald.com
