Thursday, February 9, 2017

Case of the Day: Primo Broodstock, Inc. v. Am. Mariculture, Inc., 2017 U.S. Dist. LEXIS 11997 (M.D.Fla. Jan. 29, 2017)


Plaintiff is a breeder of disease-resistant shrimps. Defendant previously did business with the plaintiff until the terms ended. Plaintiff left a significant quantity of proprietary shrimps with the defendant, under the agreement that the defendant cannot breed the shrimps to sell. Allegedly, the defendant then took the shrimps to China to sell. Plaintiff filed ex parte for a temporary restraining order, claiming the urgent need to stop the sale before China's Spring Festival.

The court denied the application for the ex parte TRO, finding that the plaintiff should have acted sooner because it was aware months ago that the defendant was trying to sell the shrimps. But the court expedited the hearing for preliminary injunction.


One of the new legal landscape I discovered through this blog is the trippy world of claiming ownership over genetically modified plants and animals. I wonder if ordinary people (or even ordinary lawyers!) realize how far along the legal rights over genetically modified organisms have advanced.

Regardless of the underlying facts, the legal lesson here is straightforward: protect your rights early and often, before it is too late.

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