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Re: Hosta 'Cathy's Clown'

  • Subject: Re: Hosta 'Cathy's Clown'
  • From: michael shelton <wilddog_202@yahoo.com>
  • Date: Tue, 20 Jul 2004 13:44:10 -0700 (PDT)

I want to go back and see if I can understand what you
conldn't disagree with me more on.

Was when i said that i was not unsympathetic.

Was it that a patent is the only way that you can
protect your intellectual property or that a copyright
is a way to protect a name.

Have you established that the plant that hillside sold
is in fact a piece of your 'Cathy's Clown' or one of
the plantlets from the lab that did the tissue
culture. If not then they may have used the name you
wanted (and I think you have a right to it) but not
your plant and in that case they have not sold stolen
property. This is a question?????

You have published (the internet publishes our words
for all to see) and involved hillside in the selling
of stolen property (however they received it). Maybe I
missed it but have you proved that the plant or plants
(not the name, thats another matter) they sold are
actually or ever were yours.

I repeat "I am not unsympathetic with your problem".

This whole area of ownership of plants is very
difficult and the only way i can see anyone benefiting
from their work is to patent a plant. Then the only
thing you can realistically control is the patent
payment attached to the purchase from a lab. Once it
leaves the lab you have very little control and could
not control the reproduction without a lot of legal

The reason i did not and still do not like the
original post is that you use someone's name
(hillside) on the internet.

Now the bullshit question. I confess I did not invent
the knife. My brother did. Since he didn't patent it
or copyright the name I stole it.

--- Chick <chick@bridgewoodgardens.com> wrote:
>  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 unsympathetic 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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