Washington State University and the Cosmic Crisp apple’s management company have filed a federal lawsuit against a nursery and grafting company for reportedly propagating trees without a license. According to Good Fruit Growers, the complaint will filled last month. Proprietary Variety Management of Yakima accuses Angel’s Grafting and Nursery of Tieton of propagating WA-38 trees without a license and selling them to growers who don’t hold licenses.

The WA-38, better known as the Cosmic Crisp, was bred and remains owned by WSU. PVM, has been contracted to commercialize the apple by granting licenses to nurseries and farms.

The lawsuit claims Angel’s propagated tens of thousands of trees for multiple growers since 2016 while knowing they did not have a license to do so. According to the suit, one grower destroyed his trees to avoid being implicated in the lawsuit.

This is not the first suit filled by WSU over Cosmic Crisp. Back in 2018 Washington State sued Phytelligence over use of the WA-38.

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