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  Re: [Aroid-l] Trademark Names
From: Tony Avent tony at plantdelights.com> on 2006.11.28 at 05:31:00(14870)

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

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