Re: was Hydrangea 'Bailmer' now comment

In a message dated 2/10/03 8:35:32 PM Eastern Standard Time, 
lindsey@mallorn.com writes:


> 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 this does happen.  In fact, I have been thoroughly confused once or 
twice ordering a plant and then encountering it elsewhere as another plant 
they being quite the same.   Sometimes you read an author state that a 
certain plant is to his eyes the same as another well known plant.  They stop 
short of saying it is the well known plant, but you think it probably is.  It 
would be well to have less confusion, I agree.   Lest I get in the green 
doghouse here, we in the family all know the rules, just thought it would be 
illuminating to show how easy it is done and probably more widespread than I 
know.  The Hosta in the story is never going to make anyone a million.  It is 
already the most common plant in upstate New York outside the dandelion.  A 
small nursery cannot afford a trademark.  Until you become familiar with the 
common garden plants and seek the less ordinary, it is not an issue.  In the 
meantime, I have lots of Alice if anyone comes this way.  

We originally thought that noone would buy Alice or undulata as nearly anyone 
would give it away gladly.  Again, just an example of how easily it is done.

Claire Peplowski
NYS z4 

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