Nador Cott Protection SAS and Sainsbury's are pleased to announce that they have settled their litigation before the English High Court (claim no. HP-2024-000001) on the basis that Sainsbury's has changed its product specification and will remove Tang Gold from sale pending the outcome of other proceedings concerning Tang Gold and/or Nadorcott.
"This agreement follows the rejection by the EU Courts on 11 September 2024 of the nullity application filed by Eurosemillas against the community protection of Nadorcott and the decisions of EU and international authorities which, in the opinion of Nador Cott Protection, serve to support the view that Tang Gold is a variety essentially derived from Nadorcott and, therefore, an infringement of Nadorcott as well as the decisions of the Community Plant Variety Office which indicate that only two differences -related to fertility- exist between Tang Gold and Nadorcott)."
"The litigation against Sainsbury's in the English courts was initiated following the sending of cease and desist letters by NCP to various supermarkets in different European jurisdictions.
NCP will continue to defend its exclusive rights in Nadorcott and reserves the right to take all appropriate measures to prevent unauthorized exploitation of its intellectual property in all relevant jurisdictions," a spokesperson stated,
For more information:
Mohamed Benbiga
Nador Cott Protection