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nafex - [nafex] Re: Trademarks, copyrights etc.

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  • From: "edforest2010" <edforest55@hotmail.com>
  • To: nafex@yahoogroups.com
  • Subject: [nafex] Re: Trademarks, copyrights etc.
  • Date: Sat, 02 Feb 2002 16:32:18 -0000

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, thoought 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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