Re: GWL quotes and rants

**"* P* L* <t*@spamfodder.com>**

> Most literature and tags say "Propagation for sale without  license is 
> prohibited." Key words: "For sale." It's the bootlegging grower  taking
> thousands of cuttings that we worry about, not a few slips shared across
> the hedge.

I'm not sure if I should ask this question since it's not specifically 
GWL-related, but I haven't had luck on other lists and we have an expert
here...  :)

I've noticed that several Proven Winners plants do not have a plant
patent number or PPAF on the tags or by their names, but they *do* have
a trademark on the name.  The case I'm specifically interested in is
Symphoricarpos x doorenbosii 'Kordes' (Amethyst [TM]).  

Despite not having a patent designation listed, the tags all say
'Propagation prohibited without a license'.  This isn't enforceable,
right?  The only restriction should be on redistribution with the
trademarked name, but reselling as 'Kordes' seems like a valid use
since there is no patent or patent application on the plant.

Does anyone know where I can get a straight answer on this?

> -- I hate sound bite journalism as much as anyone, but the American  
> attention span has shrunk dramatically. One does what one must. A New  Plants 
> presentation is a guaranteed seat-filler at any symposium.

Unfortunately, you wrote this at the end of your email and my eyes were
glazed over by the time I got to it.  I'm sure I would have had something
clever to say though.  ;)

Chris

http://www.bonvivantnursery.com/                     Bon Vivant Nursery
http://www.hort.net/gallery/      4113 online plant photos and growing!
http://www.hort.net/gallery/date/2007-06-10/       The latest additions
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