Trademark Names

From: Tony Avent tony at plantdelights.com> on 2006.11.26 at 22:55:53(14860) Jani: You brought up an interesting point about names. Internationally, there can only be one valid cultivar name for a plant...not one for the US and one for Europe. The improper dual plant naming is caused primarily by people who either don't understand or are trying to illegally circumvent trademark law. I understand that the EU Plant Varieties Act actually requires a new plant to have a non-sensical cultivar name which isn't a real word. If so, this violates the entire spirit of the International Nomenclature Code. If this is true, I find it bizarre that members of the International Nomenclature Code committee haven't put an end to this terrible practice. Wilbert...feel free to chime in. If you would like to read more about this problem, you can find my article, The Trademark Myth at http://www.plantdelights.com/Tony/trademark.html 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 Agoston Janos wrote: Dear Marek, Your Zantadeschia might be Anneke. (Picture attached.) It is common, that if a variety is protected, 2 names are given to a variety, one for America and one for Europe. A man in Hungary is breeding Oxalis. He have got 3 new varieties. Oxalis triangularis Xalis (TM) 'Black Velvet', 'Frosted Jade', and 'Burgundy Wine', but in America they are called different (now I cannot remember). And that is another funny thing if a breeder is coming out with a new variety in 1-3 years time many other look alikes will be introduced too under a different name and usally it is not protected. Another: Who has got the Aroids book. What is your opinion about the book? Did you ever ordered anything from Timber Press? 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

From: "Agoston Janos" agoston.janos at citromail.hu> on 2006.11.27 at 08:47:04(14862) Dear Tony,thank you for your reply! I did not know that therwe is an International Nomenclature. I just saw, that Prowen winners usally do this. They protected these Oxalis varieties all over the world, and they started the patenting at one time both in Europe and in America.Now I can look for the proper Amecican names (from Euro American Propagators catalogue): Oxalis 'Charmed Jade', 'Charmed Wine' and 'Charmed Velvet'.I also do not urderstand if it is derived from O. triangularis why don't they use the proper name. This is the most annoying from all.I can tell you, that we have asked many dutch perennial traders to send us a catalogue. We compared their lists and prices. And there were many plants just with a genus name without epitheton. There were just so many Graniums with a variety name, so the others were looking for an epitheton. Most of them were oxonianum, as they saw. But is it hard for the secretarys to type an epitheton? I do not think so, becouse we have more than 4000 perennials in our list. W e hope it is correct, but this can cause many problems.Tony, I'll read your article today. Now I have to go...Bye,Jani-- Eredeti üzenet --Feladó: Tony Avent Címzett: Discussion of aroids Másolat: Elküldve: 00:44Téma: Re: [Aroid-l] Trademark Names Jani: You brought up an interesting point about names. Internationally, there can only be one valid cultivar name for a plant...not one for the US and one for Europe. The improper dual plant naming is caused primarily by people who either don't understand or are trying to illegally circumvent trademark law. I understand that the EU Plant Varieties Act actually requires a new plant to have a non-sensical cultivar name which isn't a real word. If so, this violates the entire spirit of the International Nomenclature Code. If this is true, I find it bizarre that members of the International Nomenclature Code committee haven't put an end to this terrible practice +More . Wilbert...feel free to chime in. If you would like to read more about this problem, you can find my article, The Trademark Myth at http://www.plantdelights.com/Tony/trademark.html 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 Agoston Janos wrote: Dear Marek, Your Zantadeschia might be Anneke. (Picture attached.) It is common, that if a variety is protected, 2 names are given to a variety, one for America and one for Europe. A man in Hungary is breeding Oxalis. He have got 3 new varieties. Oxalis triangularis Xalis (TM) 'Black Velvet', 'Frosted Jade', and 'Burgundy Wine', but in America they are called different (now I cannot remember). And that is another funny thing if a breeder is coming out with a new variety in 1-3 years time many other look alikes will be introduced too under a different name and usally it is not protected. Another: Who has got the Aroids book. What is your opinion about the book? Did you ever ordered anything from Timber Press? 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 _________________________________________ Hírkereső TOP50 hír - Bulvárhírek, sztárpletykák és a nap történései itt: KLIKK IDE! - http://www.hirkereso.hu/top50 _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l

From: Susan B honeybunny442 at yahoo.com> on 2006.11.27 at 15:25:17(14865) Tony,What about big biz like Wayside Gardens? Zantedeschia Picasso is a patented name, but it is also sold as Zantedeschia Wizzard, both varieties being sold in the US.Susan Want to start your own business? Learn how on Yahoo! Small Business._______________________________________________ Aroid-l mailing list +More Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l

From: Susan B honeybunny442 at yahoo.com> on 2006.11.28 at 01:25:16(14867) http://www.terranovanurseries.com/wholesale/modules.php?name=Content&pa=showpage&pid82Terra Nova Nurseries has some information on patenting plants..Susan----- Original Message ----From: Agoston Janos To: Discussion of aroids Sent: Monday, November 27, 2006 3:29:28 AMSubject: Re: [Aroid-l] Trademark Names Hey Tony,You did it again! It is a very good article! Now we are not afraid any more. All of our patented plants are named and sold only on patent and not on cultivar name. But everywhere in catalogues we saw only the patented name not cultivar name, moreover, we have ordered tulips, and there were no sign of patent , but on the invoice there was. This is what you were talking about as invalid trademarks.Ver(r)y funny... Ha ha for others who did not read the article.thank you for calling up my attention tho your findings!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 +More Access over 1 million songs - Yahoo! Music Unlimited._______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l

From: Tony Avent tony at plantdelights.com> on 2006.11.28 at 13:31:00(14870) Jani: Unfortunately the EU Plant Varieties Office and the US Patent and Trademark Divisions don't communicate with each other very well, and none pay any attention to the International Nomenclature Code. I've seen many cases where a plant was patented under an invalid name in the US, a different invalid name in the EU, and then illegally trademarked under a third different name. It is only when the illegality is challenged by a private citizen or company that the government takes action. The first case of an illegal trademark being challenged just made it through the US Court system this year with the court correctly ruling that all of the Stark Brothers trademarks are invalid. With the oxalis, Charmed tm is a valid trademark for the series, but the cultivar names which cannot include the trademark, become O. 'Wine' O. 'Jade', etc. Proven Winners catalog is a nomenclatural disaster. They even introduced a Euphorbia under the cultivar 'Helena' when there was already a different Euphorbia 'Helena' patented. If a plant is introduced is under an invalid cultivar name, anyone can rename it in a proper publication. If more people did this, these nurseries would learn. An example would be the recent Echinacea 'CBG Cone3'. We simply renamed the plant and published their illegal trademark name of 'Mango Meadowbrite' as the official cultivar name. Unfortunately, most nurseries and breeders that I discuss this with don't care or are defiant in breaking the law. Often in the quest for maximizing profits, accuracy in the form of good hardiness data and proper nomenclature is thrown out the window. people forget that the reason horticultural nomenclature exists is so that we can all communicate. 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 Agoston Janos wrote: Hey Tony, You did it again! It is a very good article! Now we are not afraid any more. All of our patented plants are named and sold only on patent and not on cultivar name. But everywhere in catalogues we saw only the patented name not cultivar name, moreover, we have ordered tulips, and there were no sign of patent , but on the invoice there was. This is what you were talking about as invalid trademarks. Ver(r)y funny... Ha ha for others who did not read the article. thank you for calling up my attention tho your findings! 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 -- Eredeti üzenet -- Feladó: Tony Avent Címzett: Discussion of aroids Másolat: Elküldve: 00:44 Téma: Re: [Aroid-l] Trademark Names Jani: You brought up an interesting point about names. Internationally, there can only be one valid cultivar name for a plant...not one for the US and one for Europe. The improper dual plant naming is caused primarily by people who either don't understand or are trying to illegally circumvent trademark law. I understand that the EU Plant Varieties Act actually requires a new plant to have a non-sensical cultivar name which isn't a real word. If so, this violates the entire spirit of the International Nomenclature Code. If this is true, I find it bizarre that members of the International Nomenclature Code committee haven't put an end to this terrible practice. Wilbert...feel free to chime in. If you would like to read more about this problem, you can find my article, The Trademark Myth at http://www.plantdelights.com/Tony/trademark.html 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 Agoston Janos wrote: Dear Marek, Your Zantadeschia might be Anneke. (Picture attached.) It is common, that if a variety is protected, 2 names are given to a variety, one for America and one for Europe. A man in Hungary is breeding Oxalis. He have got 3 new varieties. Oxalis triangularis Xalis (TM) 'Black Velvet', 'Frosted Jade', and 'Burgundy Wine', but in America they are called different (now I cannot remember). And that is another funny thing if a breeder is coming out with a new variety in 1-3 years time many other look alikes will be introduced too under a different name and usally it is not protected. Another: Who has got the Aroids book. What is your opinion about the book? Did you ever ordered anything from Timber Press? 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 _________________________________________ Hírkereső TOP50 hír - Bulvárhírek, sztárpletykák és a nap történései itt: KLIKK IDE! - http://www.hirkereso.hu/top50 _______________________________________________ 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

From: Tony Avent tony at plantdelights.com> on 2006.11.28 at 13:45:00(14871) Susan: Zantedeschia 'Picasso' is a patented plant, but I am unfamiliar with the name Wizard. Here is a link to the the search page for the US Patent Office which you may find of interest. Go here and type in the word Zantedeschia, in the Term 1 box and hit search. http://patft.uspto.gov/netahtml/PTO/search-bool.html This will give you information about the introducer, the parentage, and lots of other interesting info. It's a Federal Crime to give false information here, so these are fairly accurate. I usually find this info doesn't come anywhere close to the marketing hype that is printed by nurseries selling the same plants. Most nurseries don't realize that the Federal Trade Commission has laws that govern how plants are sold and marketed. If you are tired of a plant being intentionally hyped with false claims and sold under the wrong names, don't hesitate to give the US Trademark Office or the FTC a call. 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 Susan B wrote: Tony, What about big biz like Wayside Gardens? Zantedeschia Picasso is a patented name, but it is also sold as Zantedeschia Wizzard, both varieties being sold in the US. Susan Want to start your own business? Learn how on Yahoo! Small Business. _______________________________________________ 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

From: "Agoston Janos" agoston.janos at citromail.hu> on 2006.11.28 at 17:40:12(14874) Thank you all for the informations. I checked the german site, and I realized, that The Aroids book is well worth a try.Thank you again!Jani _________________________________________ +More November 30-ig van lehetősége, hogy spóroljon a kötelező biztosításon!Ha velünk vált, nyerhet 1,5MFt készpénzt vagy Opel Corsát!Klikk ide >> http://biztositas.kapu.hu/kotelezo/kotelezo2007.php _______________________________________________ Aroid-l mailing list Aroid-l@gizmoworks.com http://www.gizmoworks.com/mailman/listinfo/aroid-l

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