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RE: [Aroid-l] Names

  • Subject: RE: [Aroid-l] Names
  • From: "Derek Burch" derek@horticulturist.com
  • Date: Tue, 28 Nov 2006 11:09:02 -0500
  • Importance: Normal

To everyone exercised about plant names (all of us for different reasons),

 

The sad thing about cultivar names is that even if they are registered with an authority who are themselves registered as the official body to receive the names, there is absolutely no protection by having done this. Anyone can plonk a cultivar name on a plant which they possess and can even register it (since the criteria for it being a distinct plant and available for naming are quite bendable), and offer it for sale under that name. The only protection is if the naming authority is really on top of their job, and can get wide publicity to expose this duplicity.

 

I was hesitant to enter into this discussion since I am supposed to be the registrar for aroids, and have fallen down completely on the job. My excuse is that there are very, very few of the cultivar names floating around which are eligible for registration, and I’m not sure that I have the resources to track down for each one the vital fact of their having been published with a description in a printed (hard copy, not electronic) piece that is available to the public. So I cannot manage the base lists for even the few genera in which cultivar names are supposed to exist. Note that a cultivar name doesn’t exist as far as a registration authority is concerned until it has been published in a printed piece and submitted to them.

 

So that is my mea culpa which is not relevant to the discussion, but everyone should realize the one point made above which is that this whole thing (registration and compliance) is voluntary, and we can bemoan people’s activities all we like, but can only try to steer them to paths of righteousness by example (or boycott !!)

 

This does not even address the plant patent question, and the fact that a cultivar name cannot be patented since it would not then be available for everyone to use (another provision of the code).

 

Enjoy the plants, and hope that one day uniform of naming come to pass …

 

Derek

 

-----Original Message-----
From: aroid-l-bounces@gizmoworks.com [mailto:aroid-l-bounces@gizmoworks.com] On Behalf Of Tony Avent
Sent: Tuesday, November 28, 2006 8:31 AM
To: Discussion of aroids
Subject: Re: [Aroid-l] Trademark Names

 

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 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 --

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

 

 

 


 

 



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