A federal court judge has ruled that A/B Hop Farms and the Brulotte family illegally propagated Scarlet Spur Red Delicious trees in violation of Van Well Nursery’s plant patent, but threw out complaints relating to trademark infringement. The judge ordered that Van Well Nursery’s Scarlet Spur trademark be cancelled, saying it is no longer valid—an action that could have implications for many other fruit varieties. In 2002, the National Licensing Association sued A/B Hop Farms and the Brulotte family, who owned or had owned orchards in Washington State where, it was alleged, illegally propagated Scarlet Spur Red Delicious and Smoothee […]