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Re: [Aroid-l] Trademark Names

  • Subject: Re: [Aroid-l] Trademark Names
  • From: Tony Avent tony@plantdelights.com
  • Date: Sun, 26 Nov 2006 17:55:53 -0500


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.
Who has got the Aroids book. What is your opinion about the book? Did you ever ordered anything from Timber Press?

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