David Austin’s Rose IP Dispute Moves Forward in U.S. Courts

David Austin has taken legal action in the U.S. to defend its intellectual property rights following alleged willful infringements of plant patents and intentional violations of registered trademarks.

In April 2024, David Austin filed a complaint in Texas against three parties for the unauthorized production and sale of protected rose varieties, predominantly from the David Austin Wedding Rose Collection. These varieties were bred specifically for floristry purposes and are not intended or trialed for garden use. Their unauthorized propagation undermines both the integrity of the collection and the significant investment involved in developing them.

One party, Zephyr/Sproutique, reached an immediate settlement with David Austin. Proceedings continue against the remaining defendants: GCM Ranch – including defendant Mio Ren, and individuals Jose Jaimes and Feifei Zhuo, collectively operating as “Ergongzi.”

Earlier this year, GCM Ranch filed a motion to dismiss the complaint. The first Motion to Dismiss was filed in August 2024. In January 2025, the court upheld David Austin’s claims concerning trademark infringement, rejecting the motion to dismiss those aspects of the case. However, the court dismissed the patent claim with leave to amend, citing insufficient initial pleading.

David Austin responded with a Second Amended Complaint, expanding on the factual basis for its plant patent claims, including evidence of asexual reproduction of patented varieties. Subsequently, GCM Ranch filed a second Motion to Dismiss relating specifically to the patent aspect. In June 2025, the court ruled in favor of David Austin, confirming that the revised filing sufficiently pled both trademark and patent infringement. The case will now proceed in full.

Each rose developed by David Austin can take up to 12 years from the initial cross to commercial release. The business’s IP strategy protects that investment through a combination of Plant Patents, Plant Variety Rights (PVR), and Trademarks, safeguarding not only their varieties but also the trust placed in them by growers and customers worldwide.

“David Austin is committed to defending our Intellectual Property Rights around the world. The decision by the courts to reject the Motion to Dismiss, with particular reference to our Plant Patents, is a very positive one not only for us but also for rights holders in the U.S. We are glad that the courts were satisfied by the evidence we were able to provide and look forward to seeing how this case progresses,” says Gareth Minton, Brand Protection Manager.

David Austin will continue to monitor and act upon infringements to ensure the ongoing protection of its breeding work and the value it brings to professional growers, florists, and rose enthusiasts across the globe.