Re: [Aroid-l] Trademark Names/Aroid book

From: Tony Avent <tony at plantdelights.com> on 2006.12.02 at 23:07:09(14886) Denis: No government allows the protection of a plant name...this would be in direct contradiction to the International Nomenclature Code. The only way to protect a plant in any manner is with a US Patent of PBR in other countries. Trademark law is also very simple if people would take time to read it. Product names cannot be trademarked...never! Trademarks are used to designate origin only...a trademark is an adjective...never a noun. A cultivar name is also unique within a genus an cannot be applied to a different cultivar. Tony Avent +More Plant Delights Nursery @ Juniper Level Botanic Garden 9241 Sauls Road Raleigh, North Carolina 27603 USA Minimum Winter Temps 0-5 F Maximum Summer Temps 95-105F USDA Hardiness Zone 7b email tony@plantdelights.com website http://www.plantdelights.com phone 919 772-4794 fax 919 772-4752 "I consider every plant hardy until I have killed it myself...at least three times" - Avent Denis Rotolante wrote: Message Tony: How can a plant tissue culture lab such as Oglesby Plants International protect the name of a patented plant such as Spathiphyllum Supreme if they do not trademark the name in addition to patenting the cultivar? If not, another lab could theoretically call their own spathiphyllum cultivar "supreme" and propagate that clone without infringing on Oglesby's Patented Cultivar. Labs have to have a way to protect proprietary products and a name that they have spent many dollars to advertise in trade journals and trade shows. Denis Silver Krome Gardens -----Original Message----- From: aroid-l-bounces@gizmoworks.com [mailto:aroid-l-bounces@gizmoworks.com] On Behalf Of Tony Avent Sent: Wednesday, November 29, 2006 9:06 AM To: Discussion of aroids Subject: Re: [Aroid-l] Trademark Names/Aroid book Steve: There are plenty of nurseries that put trademarks on all new plants that they carry. That doesn't mean that the trademarks are valid. Unfortunately, 99.9% of all trademarks used in horticulture are illegally used and therefore unenforcable. If more people would tell these nurseries where to stick their trademarks, we could get this problem stopped quickly. Re: Derek's comments, Plant can be patented under a cultivar name, since this doesn't affect the names usage. Patents only affect propagation. Trademarks affect name usage and this is why cultivar names cannot be trademarked. Tony Avent Plant Delights Nursery @ Juniper Level Botanic Garden 9241 Sauls Road Raleigh, North Carolina 27603 USA Minimum Winter Temps 0-5 F Maximum Summer Temps 95-105F USDA Hardiness Zone 7b email tony@plantdelights.com website http://www.plantdelights.com phone 919 772-4794 fax 919 772-4752 "I consider every plant hardy until I have killed it myself...at least three times" - Avent Steve Lucas Exotic Rainforest wrote: Can't argue that Xanadu may be trademarked but it is also a scientific name. You can find it on TROPICOS. I'm not sure how anyone can trademark a scientific name. Philodendron xanadu Croat, Mayo & J. Boos Steve Lucas www.ExoticRainforest.com ----- Original Message ----- From: Julius Boos To: aroid-l@gizmoworks.com Sent: Tuesday, November 28, 2006 5:17 AM Subject: Re: [Aroid-l] Trademark Names/Aroid book >From : Agoston Janos Reply-To : Discussion of aroids Sent : Monday, November 27, 2006 9:29 AM To : Discussion of aroids Subject : Re: [Aroid-l] Trademark Names Dear Jani, I believe that Philodendron 'Xanadu" is trademarked and carefully 'protected', at least here in Florida. I believe there is also some sort of 'patent' on at least one vining Philodendron, the one w/ varigated leaves (white, scarlet, green) and which 'bleeds' a wine-colored sap when cut. Concerning Deni Bown`s book on Aroids, I recomend it MOST highly, it contains a wealth of invaluable information all compiled in one source, and makes for good reading also. In our world of Aroids there is nothing else that even comes close. It is worth getting no matter what the price may be. Good Growing, Julius >>Are there any other aroids which are trademarked (excluding Anthuriums and >>Zantedeschias)? Does anybody has experience with Timber Press? Any opinions about the Aroid book (anybody can respond...)? Bye, Jani _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l

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