Trademarks and the Backyard Nursery

When a plant’s patent expires, it belongs to the world, right? Some horticulture companies don’t see it that way, and they have a questionable “workaround” to keep control. It involves (mis)using Trademarks - after years of allowing gardeners, exhibitors, media and internet sources to help them publicize a plant - they claim the “name” was always just a “brand”. And, by the way, you need to pay a royalty to use it! It sort of smacks of the the way pharmaceutical companies treat drug names, and if you can’t trust big pharma for cues on proper moral conduct...

Link to the article referenced: https://www.plantdelights.com/blogs/articles/name-that-plant

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Photo credits (thumbnail and title page):

ANDeli rose: Author minidriver used without changes under the Creative Commons Attribution-Share Alike 2.0 Generic license

Rose,Fellowship,バラ,フェローシップ: Author T. Kiya used without changes under the Creative Commons Attribution-Share Alike 2.0 Generic license