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But it appears to have been patented, too, as "Coop 33".

http://www.hort.purdue.edu/newcrop/pri/pixiecrunch.pdf

Since it seems to have been patented recently, I'm pretty sure you  
can't propagate it legally without permission of the patent-holder.   
It appears to be available from Gurney's (513-354-1491) and from  
Henry Fields (513-354-1494), which I guess are both owned by the same  
parent company.  I doubt they'll sell you scion wood, but I suppose  
it can't hurt to ask.

Ginda


On Jan 24, 2007, at 11:40 PM, Donna &/or Kieran wrote:

> 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