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nafex - [NAFEX] Pixie Crunch apple scionwood - Not

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  • From: "Pete Tallman" <pete_tallman@hotmail.com>
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] Pixie Crunch apple scionwood - Not
  • Date: Wed, 24 Jan 2007 20:35:52 -0700

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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