Re: Hosta 'Cathy's Clown'

 I'm sorry, but I couldn't disagree with you more.  I think you miss the
point. Patenting has nothing to do with the issue. If the plant had been
patented it would not have changed the sequence of events or my complaint
in any manner. This is my plant and whoever got the plant from me did so
without my permission.  That's called theft. I'm not accusing Hilltop of
theft, or anyone who bought it from Hilltop, but somewhere in the past
you have to get to the person who first got the plant without my
permission and that is theft.  Someone knew they were taking a plant they
did not have any right to. I don't care how may people bought it,
eventually in the provinence of the plant you have to get back to someone
who did not buy it because I owned it and I didn't sell it to them.  The
fact that the plant exists does not mean that you can have it if you want
it.  Every plant of 'Cathy's Clown' in the world belonged to me, and I
did not sell it to anyone, so how did the person that first obtained the
plant get it.  I specifically stated that I do not blame the people who
bought the plant unknowingly, but if you buy stolen merchandise, that
does not change the fact that what you bought was stolen.  I do not know
who stole it, or from where, but I do know it was my plant and I did not
authorize anyone to distribute it.  Patenting has nothing to do with the
issue.  The only legal remedy in this case would be prosecution for
theft, which is a bit far-fetched, even if I knew who took it and could
prove it.  Now you are telling me I have no right to gripe unless I
prosecute the thief. Excuse my language but I can't think of a better
response than bull shit.

My grip has plenty of weight, unless you think it's ok for me to come
into your garden and take what I please, or come into your lab uninvited
and steal your knife before you decide you're ready to sell it and get
rich.  And if I come to steal your plants, I don't really care if they're
patented.

Chick

michael shelton wrote:

  Chick there are some ways to protect your real and
  intellectual property and you already know what they
  are but your unwilling to jump through the hoops. Yet,
  you want it to work the way you want it to work. Don't
  take this as unsympathic but all this discussion leads
  to nothing unless you follow the legal remedies to get
  what you want.
  
  There is 1 way to keep control of the plant which is a
  patent. The other way is a trademark which may help
  you keep control of the name.
  
  Your gripe has no weight except to throw dirt on
  someone who has done nothing but buy a plant called
  'Cathy's Clown" and sell a plant called 'Cathy Clown'.
  You have not established any ownership in the plant or
  the name that they sold nor do you have any legal
  rights to the plant they have (whatever it is).
  
  There are laws to protect your rights and you haven't
  availed yourself of them yet you want to gripe. Buyer
  beware, seller beware, owner beware. Housewares is
  where the money is. I have a houseware I call a knife,
  great little invention. You can cut bread, meat, your
  finger. As soon as i get it out of the lab i'll be
  rich. If someone tries to sell you something called a
  knife, don't buy it its my mine.
  
  ---   NardaA@aol.com   wrote:

    In a message dated 7/20/2004 11:50:28 AM Eastern
    Standard Time,     chick@bridgewoodgardens.com     writes:
    Until I publish the name or register the plant,
    there is nothing to stop 
    you.  The name is not what I'm trying to protect.
    The plant is what's 
    important. 
    
    Don't get me started on names and registration.
    
    Chick, register it quick!
    
    When we were at Wade Gardens a couple of weeks ago
    my Daughter saw 
    "Spellbound" in the garden so she put it on her
    list.  When she asked Van about it he 
    said that it did not come back from TC looking like
    the mother plant.  But he 
    gave her one as a gift, we can call it "Spellbound"
    as he is going to rename the 
    original plant.  The plant that she receive is very
    beautiful, but this just 
    complicates things so much!  Not a chance of getting
    a piece of the original 
    plant.
    
    Chick, NOW, I am going to have to go to one of those
    music websites to listen 
    to Cathy's Clown-Herman's Hermits?  I want to sing
    it but the words won't 
    come to me, nah, Gary Lewis?  The Everly Brothers? 
    Never mind, I will just hum 
    the Herman Hermits ditty!
    
    Narda

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