North American Fruit Explorers mailing list at ibiblio

["Donna &/or Kieran" <holycow@cookeville.com>]

Ummm.... if I remember correctly, this subject has come up before, not here 
I think, rather with my local nurseryman.  Let's see, there is a rose that 
someone had given me, and he looked to see if it was legal for him to 
propagate it, ie, to find out if it was patented.  He found that it was not 
patented, only that the name was trademarked.  As he understood it, that 
meant that he could propagate the plant legally, but could not use the TM'd 
name to sell it under.  The name is probably in some big advertising 
campaign re roses to make the public desire 'Carefree Sunshine' roses, just 
as you all have come across publicity on 'Pixie Crunch'?  (it is a nice 
healthy rose, by any name, but won't sell nearly as well without the hype)
   I think some of you legal eagles can set us straight on this subject. 
Donna