Behalf Of Tony Avent
Sent: Tuesday, November 28, 2006
To: Discussion of aroids
Subject: Re: [Aroid-l] Trademark
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
Tony AventPlant Delights Nursery @Juniper Level Botanic Garden9241 Sauls RoadRaleigh, North Carolina 27603 USAMinimum Winter Temps 0-5 FMaximum Summer Temps 95-105FUSDA Hardiness Zone 7bemail firstname.lastname@example.org http://www.plantdelights.comphone 919 772-4794fax 919 772-4752"I consider every plant hardy until I have killed it myself...at least three times" - Avent
Agoston Janos wrote:
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
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
Does anybody has experience with Timber Press? Any opinions about the Aroid
book (anybody can respond...)?
-- Eredeti üzenet --
Feladó: Tony Avent
[Aroid-l] Trademark Names
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 email@example.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:
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.
Who has got the Aroids
book. What is your opinion about the book? Did you ever ordered anything from
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