[nafex] Re: Trademarks, copyrights etc.

Phil Norris COUSINPHIL at ACADIA.NET
Sat Feb 2 22:54:42 EST 2002


Aha!  My wife Deborah has been saying for years that the Roil Rivera 
Pear (or something like that) sold by Harvey and Davis (or something 
like that) was nothing more than a Comice.  I pooh poohed her theory but 
she was insistent.  I just read your email to her out loud and she 
fairly crowed with righteous pleasure.  She deserves it for having a 
discriminating palate.

Phil Norris
East Blue Hill Maine


On Saturday, February 2, 2002, at 11:32 AM, deforest2010 wrote:

> Lets say a new pawpaw has been bred by Fred. Fred names it "Kitty" and
> trademarks "it".
> What is the "it" that he is trademarking? The fruit or the name or
> both? Is it legal for amateurs to propagate Kitty? Is it legal to
> propagate Kitty and sell it using a different name? (Of course I'm not
> implying that to do so would be ethical).
> I recall a bit of history on a pear, I think it was Comice, back in
> the depression I think it was, the pear industry was suffering but
> some party, say Company A, thought of some fancy name for Comice and
> marketed it under something like "Royal Gourmet" and sold it in fancy
> boxes styled for the rich and famous, well, it worked and sold very
> well and at very high prices. No one seemed to know that it was just a
> Comice. The name was trademarked, but of course we could go on
> propagating Comice as "Comice" but not as Royal Gourmet.
> So I'm assuming that the same would apply for Fred even though he
> spent a lot of time and effort in breeding "Kitty", if he only
> trademarks it then it is not protected from Evil Nursery who
> propagates it and sells it under a different name.
> Is that the way it goes? And that IS a question, I find this whole
> business clouded in mystery with no one willing to talk about it for
> fear of being sued for giving legal advice.
> Kevin B
>
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