Legal agreement reached in dispute over citrus fruit variety rights and market sales

Nador Cott Protection SAS (NCP) and Sainsbury’s have successfully resolved their litigation case (Claim No. HP-2024-000001) in the English High Court. The agreement stipulates that Sainsbury’s will modify its product specifications and temporarily withdraw Tang Gold from sale, pending outcomes in other related legal proceedings involving Tang Gold and the Nadorcott variety.

This settlement follows a significant decision by the EU Courts on September 11, 2024, which dismissed Eurosemillas’ attempt to nullify Nadorcott’s community protection. NCP believes that both EU and international authorities’ decisions, along with the Community Plant Variety Office’s analysis, support its stance that Tang Gold is an essentially derived variety from Nadorcott. According to NCP, Tang Gold’s limited differences from Nadorcott, primarily related to fertility, constitute an infringement on Nadorcott’s intellectual property rights.

The initial lawsuit against Sainsbury’s emerged after NCP sent cease-and-desist notices to multiple supermarkets across Europe. NCP remains committed to protecting its exclusive rights to Nadorcott and asserts that it will continue to pursue all necessary measures to prevent any unauthorized use of its intellectual property across applicable jurisdictions.