Grower ‘Knocked Out’ For Illegal Propagation

The Conard-Pyle Company reached a settlement recently with a Central Florida nursery and landscaper found to have infringed its plant patent and trademark rights on the popular Knock Out roses. The infringement was settled out of court, and part of the settlement is that the grower go unnamed publicly.

In addition to imposing a financial penalty, Conard-Pyle required the infringer to destroy a large number of infringing plants. The nursery and landscaper was in violation of United States Plant Patent Laws that states no one may asexually propagate or sell any patented plant without the permission of the patent owner.
 
“Illegal propagation is a topic that we take very seriously,” says Jacques Ferare, vice president of licensing for the Conard-Pyle Co. “As the introducer of the Knock Out roses, we are committed to ensuring that Knock Out plants are grown and marketed only by legitimate growers. This not only protects these legitimate nurseries, it also guarantees the consumer is getting the real thing and not a ‘knock off.'”
 
To ensure the rights of the Knock Out brand of roses are being protected, Conard-Pyle is taking legal steps to enforce its trademark and plant patent rights throughout the industry.
 
For more information on Knock Out roses, visit www.theknockoutrose.com.

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14 comments on “Grower ‘Knocked Out’ For Illegal Propagation

  1. My husband and I saw potential for the S. Florida market, bought 2,000 of these roses but couldn’t sell them due to so many people self propogating and selling them for so little. We managed to sell the roses eventually but made no money, in fact I believe it cost us money to keep them for so long!
    It’s a great product but until the company strictly enforces the patent and illegal propagation we can’t afford to grow them.

  2. Instead of destroying the plants, why couldn’t they be donated to state parks, schools, cities or other places to be planted for a beautiful upgrade to the landscapes, resulting in a “visual advertisement” for anyone that sells them?

  3. Why would they want to donate illegally propagated without the royalties paid? They could just as easily sell the cities and schools the same plants with the royalties paid. As a grower of Knockout roses, I say good riddance. These people are killing the market that costs me a small fortune to be a part of.

  4. My husband and I saw potential for the S. Florida market, bought 2,000 of these roses but couldn’t sell them due to so many people self propogating and selling them for so little. We managed to sell the roses eventually but made no money, in fact I believe it cost us money to keep them for so long!
    It’s a great product but until the company strictly enforces the patent and illegal propagation we can’t afford to grow them.

  5. Instead of destroying the plants, why couldn’t they be donated to state parks, schools, cities or other places to be planted for a beautiful upgrade to the landscapes, resulting in a “visual advertisement” for anyone that sells them?

  6. Why would they want to donate illegally propagated without the royalties paid? They could just as easily sell the cities and schools the same plants with the royalties paid. As a grower of Knockout roses, I say good riddance. These people are killing the market that costs me a small fortune to be a part of.

  7. As the owner of a private garden center I already see a steep decline in Knockout Out Roses. Time for the next great thing!

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