Seed, not its resistant trait, is protected by the Lanham Act
Monsanto v. Syngenta Seeds, Inc., et al., No. 04-305-SLR, Aug. 4, 2006.
Robinson, J. Syngenta’s motion to dismiss Monsanto’s counterclaims of reverse passing off and false advertising under the Lanham Act was granted. Syngenta’s motion to dismiss Monsanto’s counterclaim alleging violations of the Delaware Deceptive Trade Practices Act was denied. The disputed technology relates to glyphosate-tolerant corn.
In this antitrust action over rights to disputed corn seed, the court ruled that the product was the tangible seed and not the resistant trait, and that the reverse passing off and false advertising claims must be dismissed in the absence of a claim that Syngenta sells the same seed as Monsanto. Monsanto sufficiently plead violation of the DDTPA because Syngenta could potentially be liable for false attribution.
