Re: was Hydrangea 'Bailmer' now comment
- Subject: Re: was Hydrangea 'Bailmer' now comment
- From: "Christopher P. Lindsey" lindsey@mallorn.com
- Date: Mon, 10 Feb 2003 19:33:27 -0600
> Here is, in a small way, how it can happen apart from more sophisticated
> marketing ploys. My niece's husband pots and sells around five hundred or
> more pots of Hosta undulata every spring. This plant is cheap and available
> plus nearly every gardener in the East knows it to be indestructible.
> ...
> Still they want to pay three for 10.00. So..............Michael named
> it Hosta 'Alice". The clumps he started with came from Aunt Alice's
> garden, actually tossed out of Alice's garden. In smaller print he put
> Hosta undulata.
> ...
> Hosta 'Alice" goes for 5.00 a six inch pot and the customer is happier than
> with undulata. You could call this plant Hosta Jim or James or Robert
> and nobody can stop you from what I can see. As in all markets,
> in the end the customer rules.
Well, that's fine. He can create whatever cultivar name he wants.
It's when he names a cultivar Malus 'JFS-KW5', but then trademarks
it separately as Malus Royal Raindrops(TM) that I have a problem.
When their plant patent expires, others who are propagating the plant
will have to sell it as 'JFS-KW5', but they can use their trademarked
name indefinitely. Who do you think's going to have more sales? :)
(I know you understand this Claire; I'm just ranting)
> Out of curiosity, has anyone ever heard of a plant patent case in the courts?
Tony mentions the Scabiosa 'Butterfly Blue' as a failed trademark name.
Chris
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