[NAFEX] Pixie Crunch apple scionwood - Not

Pete Tallman pete_tallman at hotmail.com
Wed Jan 24 22:35:52 EST 2007


A little Googling and patent search reveals that Pixie Crunch (TM) is a 
trademarked name, which in turn represents the Co-Op 33 cultivar out of 
Purdue, which is patented as PP 13,871, with patent application date 
December 21, 2001. (Patent issued June 2003.)

>From this, we in NAFEX or on this list should not be sharing or asking for 
Pixie Crunch  or Co-op 33 scionwood without the appropriate patent licensing 
authorization until around December 22, 2021 and should not be using Pixie 
Crunch (TM) without the TM mark after it. The TM is essentially forever if 
the TM holder is vigilant. I'm not completely sure the rules of trademark 
varieties, but I'm pretty sure that in 2022 we could share Co-op 33 
scionwood, but we should probably avoid calling it Pixie Crunch (TM) in such 
a transaction or selling fruit with that name without authority of the 
trademark holder.

Folks looking for Pixie Crunch(TM) apple should plan to buy a licensed tree.

Pete Tallman
Longmont, CO
(old fuddy-duddy)

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