North American Fruit Explorers mailing list at ibiblio

[Phil Norris <COUSINPHIL@ACADIA.NET>]

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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