Cloning decision could lead to copyright suits in horse racing world

Robert A. Darwell | National Law Review

On July 31, 2013 a North Texas District Court jury decided that the American Quarter Horse Association’s (“AQHA”) rule prohibiting the registration of cloned American Quarter Horses violates federal and Texas antitrust laws. The AQHA, located in Amarillo, Texas, is the world’s largest equine breed registry and membership organization, with more than 5 million American Quarter Horses registered to nearly 350,000 members.

horse The American Quarter Horse excels at sprinting short distances and racing of these animals is the third most popular form of horse racing, generating more than $300 million in bets at U.S. racetracks in 2012. American Quarter Horses are bred to run in races of under a quarter-mile and have been clocked at speeds up to 55 mph.

Plaintiffs Jason Abraham and Gregg Veneklasen sued the AQHA for $6 million in damages, arguing that Rule 227(a) of the AQHA, which prohibits the registration of clones, violated both the Sherman Antitrust Act and the Texas Free Enterprise Act, which reflects federal antitrust law.

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Also: Neighbor of North Idaho Ranch: ‘It’s a Horse Holocaust’

If you’d like to discuss intellectual property issues, contact Robert Iussa, chairman Rose Law Group Intellectual Property Dept., riussa@roselawgroup.com

If you’d like to discuss equine law, contact Adam Trenk, atrenk@roselawgroup.com

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