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
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 t*@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 --
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 t*@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
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