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Re: AGGC : What is it, why is it, and what it is not.

Still more:

From US Trademark Office:

Typed DrawingWord Mark ATLANTIC GIANT

Goods and Services IC 031. US 001 046. G & S: pumpkin seeds for agricultural purposes. FIRST USE: 19780101. FIRST USE IN COMMERCE: 19780101
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74737192
Filing Date August 22, 1995
Published for Opposition October 22, 1996
Registration Number 2029853
Registration Date January 14, 1997
Owner (REGISTRANT) DILL, HOWARD INDIVIDUAL CANADA Rural Route #1 Windsor, Nova Scotia CANADA BON-2TO
Attorney of Record PATRICK J. COYNE
Section 44 Indicator SECT44
Priority Date February 10, 1994
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GIANT" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE


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Typed DrawingWord Mark DILL'S ATLANTIC GIANT

Goods and Services (ABANDONED) IC 031. US 046. G & S: pumpkin seeds. FIRST USE: 19870202. FIRST USE IN COMMERCE: 19840202
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74482336
Filing Date January 21, 1994
Owner (APPLICANT) Howard Dill Enterprises, Ltd. CORPORATION NEW YORK c/o CT Corporation System 1633 Broadway New York NEW YORK 10019
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record PATRICK J. COYNE
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date December 23, 1994



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http://www.ams.usda.gov/science/PVPO/FAQ/paul.htm

   




  Frequently Asked QuestionsQ:. Is there any penalty for claiming a variety is plant-variety protected when it is not?
A:    Please see section 128 of the PVP Act (enclosed below) - a cease and desist order may be issued; followed by a fine if the order is violated. Please provide the Plant Variety Protection Office (PVPO) with more information if you are aware of any alleged violations.   Sec. 128.1  False Marking; Cease and Desist Orders.     (a) Each of the following acts, if performed in connection with the sale, offering for sale, or advertising of sexually reproducible plant material or tuber or parts of tubers, is prohibited, and the Secretary may, if the Secretary determines after an opportunity for hearing that the act is being so performed, issue an order to cease and desist, said order being binding unless appealed under section 71:                   (1) Use of the words ``U.S. Protected Variety'' or any word or number importing that the material is a variety protected under certificate, when it is not.                   (2) Use of any wording importing that the material is a variety for which an application for plant variety protection is pending, when it is not.                   (3)  Use of either the phrase ``Unauthorized Propagation Prohibited'' or ``Unauthorized Seed Multiplication Prohibited'' or similar phrase without reasonable basis. Any reasonable basis expires one year after the first sale of the variety except as justified thereafter by a pending application or a certificate still in force.                   (4) Failure to use the name of a variety for which a certificate of protec tion has been issued under this Act, even after the expiration of the certificate, except that lawn, turf, or forage grass seed, or alfalfa or clover seed may be sold without a variety name unless use of the name of a variety for which a certificate of protection has been issued under this Act is required under State law.       (b) Anyone convicted of violating a binding cease and desist order, or of performing any act prohibited in subsection (a) of this section for the purpose of deceiving the public, shall be fined not more than $10,000 and not less than $500.    (c) Anyone whose business is damaged or is likely to be damaged by an act prohibited in subsection (a) of this section, or is subjected to competition in connection with which such act is performed, may have remedy by civil action. (7 U.S.C. 2568.) 


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http://www.howarddill.com/trade.html




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TRADEMARK NOTICE"DILL'S ATLANTIC GIANT" and "ATLANTIC GIANT" are registered trademarks owned by Howard Dill Enterprises, Windsor, Nova Scotia, Canada. A trademark is a word, symbol, a design, or a combination of these, used to distinguish the wares or services of one person or organization from those of others in the marketplace. Trademarks come to represent not only actual wares and services, but the reputation of the producer. As such, they are considered valuable intellectual property. A registered trademark can be protected through legal proceedings from misuse and imitation.Howard Dill Enterprises owns Certificates of Registration for the trademark - "ATLANTIC GIANT" in Canada, United States, United Kingdom, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal and Spain. Howard Dill Enterprises owns Certificates of Registration for the trademark - "DILL'S ATLANTIC GIANT" in Canada and United Kingdom.PATENT NOTICEHoward Dill Enterprises, Windsor, Nova Scotia, Canada owns a U.S. patent "DILL'S ATLANTIC GIANT" for the pumpkin variety. This certificate of Plant Variety Protection is to grant Howard Dill Enterprises, as provided by Law, the right to exclude others from selling the variety, or offering it for sale, or reproducing it, or importing it, or exporting it, or using it in producing a Hybrid or different variety there from.The above rights are valuable properties of Howard Dill Enterprises and myself. I am prepared to vigorously enforce my own and my company's patent and trademark rights in the U.S., Canada and Europe. The only companies and pumpkin growing organizations authorized to use my trademarks "ATLANTIC GIANT" and "DILL'S ATLANTIC GIANT" are those authorized directly by myself and Howard Dill Enterprises. I have always sought to keep the prices for my seed reasonable and continue to provide top quality seed and service. At this time, I would like to thank all of you who have supported me in the past and welcome new customers who aspire to grow a big pumpkin.Your in pumpkins,

Howard Dill


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So, what is it?
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