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Home / Opinion Digests / Intellectual Property / Intellectual Property – PVPA – Civil Practice – Statute of Limitations – Damages (access required)

Intellectual Property – PVPA – Civil Practice – Statute of Limitations – Damages (access required)

Turfgrass Group, Inc. v. Carolina Fresh Farms, Inc. Even though plaintiffs “heard industry rumblings and ‘tip-offs’ that defendants were selling TifBlair centipede grass under the fictitious name ‘Carolina Green’” after the termination of the parties’ contract in 2006, there is no indication when these rumblings and tips occurred. In any event, rumors and speculation are generally insufficient to trigger the inquiry requirements for statutory limitations provisions. Defendants have failed to show that plaintiffs had constructive knowledge of a violation of the Plant Variety Protection Act more than a year before they filed suit.

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