I was wondering where you got your information. I can't seem to find a pending application for them.
http://www.ars-grin.gov/cgi-bin/npgs/html/pvp4.pl?Pepper%20201200010%20201300374
"A variety may be considered new only if propagating or harvested material of the variety has not been sold or...
I doubt that's legally binding. An agreement has to be acknowledged by both parties to be binding.
What if you purchased your seeds from Pepper Joe or acquired them as a gift?
The Red Savina is a completely different matter. The Red Savina had Federal Plant Variety Protection.
http://apps.ams.usda.gov/CMS//AdobeImages/009200255.pdf
The Smokin' Ed's Carolina Reaper® does not.
"If they purchased them BEFORE that change was made"
What change?
Ed Currie is not the victim here. It's his business model, his vision. The real victims are the innocent people that purchased Smokin' Ed's Carolina Reaper® seeds without any knowledge of the possible consequences.
In a previous FB thread, after showing Carolina Reaper in my grow list, I was contracted by PBPC, LLC Lawyers shortly after Ed Currie asked me for my contact info.
Below is the FB thread...
For whatever reason PBPC, LLC did not seek a Plant Patent or Federal Plant Variety Protection for the Reaper.
PBPC, LLC does however have a Trademark on the phrase "Smokin' Ed's Carolina Reaper". But there Trademark has a Disclaimer which reads: "NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE...