Mixon Seed Service, Inc. et al v. BRINSON FARM SUPPLY, INC. et al, Civil Action No. 1:23-cv-00137-LAG (M.D. Ga. Aug. 17, 2023)

Plaintiffs Mixon Seed Service, AGSouth Genetics, LLC, and the University of Georgia Research Foundation, Inc., have brought a trademark suit in the Middle District of Georgia.  The suit alleges that several small farms and individuals used Plaintiffs’ proprietary wheat variety without authorization in violation of Plaintiffs’ rights under the Plant Variety Protection Act, 7 U.S.C. § 2321 et. seq., and AGSouth’s trademark rights under the Lanham Act, 15 U.S.C. § 1051 et seq.  According to the Complaint, the Plant Variety Protection Act (PVPA) “provides patent-like protection to breeders of novel seed varieties via an application and approval process by the owner or assignee of the variety.” Dkt. 1 ¶  13.  Plaintiffs allege Defendants violated their PVPA rights “by diverting wheat from normal grain channels through a practice known as ‘brown bagging,’ in which a person or entity uses grain grown from protected proprietary seed, usually certified seed, and prepares it for use as planting seed without authorization of the owner and exclusive licensee of the proprietary seed.” Id. ¶ 45.  Plaintiff further assert violations of Plaintiffs’ “AGSOUTH” trademark, including unauthorized use, false marking, and unfair competition. Id. ¶  82.

The case has been assigned to Judge Leslie Gardner.