Companies settle disagreement over geranium varieties

Blooms of Bressingham in Sacramento, Calif., the world-wide exclusive licensor for the Geranium variety Rozanne (‘Gerwat’), has reached a settlement agreement with Marco van Noort Vaste Planten in Warmond, Netherlands, the plant finder and owner of ‘Jolly Bee’, and Witteman & Co. Multiflora B.V. in Hillegom, Netherlands, which is the plant breeder agent for Van Noort, regarding their dispute with the Geranium ‘Jolly Bee’ offered by these companies in Europe and North America.
Both ‘Gerwat’ and ‘Jolly Bee’ have been protected by plants patents in the U.S. and plant variety rights in the European Union.
Blooms of Bressingham had claimed that no difference existed between the two varieties. Independent research revealed there are virtually no differences between the varieties in regards to DNA and morphology. Blooms of Bressingham recently informed Witteman about the test results and requested Van Noort cease sales of ‘Jolly Bee’.
The companies have agreed to a mutual settlement that includes:

* The propagation and sale of ‘Jolly Bee’ will end by June 30, 2010.
* The plant patent issued for ‘Jolly Bee’ will be assigned to Blooms of Bressingham.
* Both parties can trade plant material of ‘Jolly Bee’ under the name ‘Gerwat’ after a transitional period and under the terms and conditions that apply to ‘Gerwat’. Eligible licensees can seek replacement of license agreements for ‘Jolly Bee’ with agreements for ‘Gerwat’.