


David Austin® is pursuing legal action in the United States to protect its intellectual property following alleged unauthorised propagation and trademark violations involving varieties from its Wedding Rose Collection.
In April 2024, the UK-based breeder filed a complaint in Texas against three parties accused of the unauthorised production and sale of protected rose varieties developed exclusively for floristry. These roses are not intended or trialled for garden use.
One party named in the complaint, Zephyr/Sproutique, reached a settlement with David Austin®. Legal proceedings continue against the remaining defendants: GCM Ranch—including Mio Ren—and individuals Jose Jaimes and Feifei Zhuo, who collectively operate under the name “Ergongzi.”
GCM Ranch filed a motion to dismiss the case, with the first such motion submitted in August 2024. In January 2025, the U.S. court upheld David Austin®’s trademark infringement claims, allowing those aspects to proceed, but dismissed the initial patent claim with leave to amend.
David Austin® filed a Second Amended Complaint, providing expanded detail and evidence of asexual reproduction of patented rose varieties. In response, GCM Ranch submitted a second Motion to Dismiss focused on the patent claims. In June 2025, the court ruled in favour of David Austin®, confirming the amended filing sufficiently pled both trademark and plant patent infringement. The case will now proceed in full.
“David Austin® is committed to defending our Intellectual Property Rights around the world,” said Gareth Minton, Brand Protection Manager. “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 United States.”
Each rose developed by David Austin® can take up to 12 years from initial breeding to commercial release. The company protects its investment through a combination of Plant Patents, Plant Variety Rights (PVR), and Trademarks, forming part of a wider strategy to uphold quality and trust within the floriculture supply chain.
David Austin® has reaffirmed its commitment to actively monitor and act upon any infringement to ensure the continued protection of its varieties and the value they bring to growers, florists, and the wider industry.