How To Avoid Violating Plant Patents

Limelight hydrangea

Continuing its mission to detect possible violations of plant patents and trademark program rules, Plant Watch, which represents Bailey Nurseries, The Conard-Pyle Company/Star Roses, Plant Development Services Inc. and Spring Meadow Nursery, has released a list of actions growers and retailers should avoid.

According to Plant Watch, the following actions violate patents and trademark laws and branded program rules:

Propagation of patented plants without permission from the patent owner or agent.

• Commercial production of branded plants without proper trademark tags, containers and/or patent information labels.

• Commercial production of non-branded plants in branded containers.

In addition to these infringements related to the commercial production and sales operations:

A nursery’s sales materials and websites are required to properly reflect proper patent numbers and trademark names. Nurseries found to be non-compliant are assessed a fine based on the number of unauthorized plants discovered, and the destruction of those plants is required.

Ask before you take cuttings or re-use trademarked pots and labels. “Creating Endless Summer wannabes puts you in the same league as those who sell pirated movies online. Eventually you will be caught and fined. Why take that chance?” asks Jonathan Pedersen, Brand & Business Development Manager at Bailey Nurseries.

“Plant patents and plant breeders’ rights are based on having permission to propagate; most branded plants are protected by strong trademark, patent and commerce laws,” says Peggy Walsh Craig, Managing Director, Plant Watch.

Plant Watch, which started in 2005, modeled after COPF in Canada, is a monitoring program established in 1964. COPF has been inspecting for Spring Meadow Nursery since 2008, resulting in more than $30,000 in fines collected during 2010 alone.

For more information on the rules for propagation and trademark use for Baily Nurseries, Conard-Pyle, Plant Development Services Inc. and Spring Meadow Nursery, please visit the Plant Watch website.

Leave a Reply

More From Management...
Steve Garvey, Dallas Johnson Greenhouses

June 27, 2017

Steve Garvey is a Finalist for the 2017 Head Grower of the Year Award

Winner of the Excellence in Quality Award, Steve Garvey has become relentless in looking for the next new thing to improve quality in every aspect of production, from growing to shipping to marketing.

Read More
cuttings-facility

June 27, 2017

New Pilot Project for Offshore Unrooted Plant Cutting Certification to Launch in October

Four breeders — Ball Horticultural Co., Dümmen Orange, Proven Winners, and Syngenta Flowers — will participate in the initial pilot, which will include greenhouse growing operations in six Latin American countries.

Read More
SNA Logo

June 19, 2017

SNA, MANTS Plan to Co-Locate Their Events in 2018

There is crossover appeal for participants of both events, according to show organizers, and this cooperation will bring value and potential new business opportunities for both audiences.

Read More
Latest Stories
Steve Garvey, Dallas Johnson Greenhouses

June 27, 2017

Steve Garvey is a Finalist for the 2017 Head Grower of …

Winner of the Excellence in Quality Award, Steve Garvey has become relentless in looking for the next new thing to improve quality in every aspect of production, from growing to shipping to marketing.

Read More
cuttings-facility

June 27, 2017

New Pilot Project for Offshore Unrooted Plant Cutting C…

Four breeders — Ball Horticultural Co., Dümmen Orange, Proven Winners, and Syngenta Flowers — will participate in the initial pilot, which will include greenhouse growing operations in six Latin American countries.

Read More
SNA Logo

June 19, 2017

SNA, MANTS Plan to Co-Locate Their Events in 2018

There is crossover appeal for participants of both events, according to show organizers, and this cooperation will bring value and potential new business opportunities for both audiences.

Read More
Heat Safety App

June 18, 2017

Protect Your Employees from Heat-Related Illnesses with…

The National Institute for Occupational Safety and Health and the Occupational Safety and Health Administration have released an updated app for smart phones that can help workers stay safe when working outdoors in hot weather.

Read More

June 1, 2017

Reimagining a Brand: How Did We Do With Greenhouse Grow…

Changing the design and content strategy of a brand isn't easy, but we think the new Greenhouse Grower will help carry our innovative industry forward and allow us to better serve your information needs.

Read More
June 2017 Cover feature Image

June 1, 2017

Greenhouse Grower is Evolving With You

For 33 years, Greenhouse Grower has been the most trusted, independent resource for our industry and your operation. We’ll keep evolving to remain an indispensable partner for you in the months and years to come.

Read More

May 31, 2017

Customers Come First at Prides Corner Farms

This people-focused grower serves a diverse set of customers, successfully giving each one individual attention without sacrificing efficiency.

Read More
Art VanWingerden

May 31, 2017

Art VanWingerden on the Importance of Investing in Your…

When it comes to reinvesting in structures, Art VanWingerden of Metrolina Greenhouses says it's important maintain the longevity of the building so it will last to the next generation and the generation after that.

Read More
Stepables Tough-Ten Tags

May 25, 2017

Jury Awards Damages in Stepables Photo Copyright Case, …

According to a press release from Under A Foot Plant, Co,, a jury awarded Under A Foot Plant (which owns the Stepables product line) $900,000 in actual damages for The Perennial Farm’s use of Stepables’ copyrighted photographs.

Read More

May 25, 2017

AmericanHort Hosting Advocacy Visit to Capitol Hill in …

AmericanHort has announced it will be hosting Impact Washington, an inaugural advocacy and policy summit, in Washington, DC, Sept. 12-13.

Read More

May 23, 2017

USDA-APHIS Bulletin on Unauthorized Distribution of Gen…

On May 2, 2017, USDA-APHIS was informed that an orange petunia variety was potentially genetically engineered and had been imported and moved interstate without required authorization by APHIS. This led to testing of numerous petunia varieties, which confirmed this particular variety and several others are genetically engineered, and meet the regulatory definition of a regulated article under APHIS regulations. APHIS continues to work with the industry to ensure unauthorized GE petunias are not distributed in the United States.

Read More

May 23, 2017

6 Simple Ways to Acquire New Customers

Even the most successful brands need new customers if they want to grow their business, or stay profitable.

Read More
Dr. P. Allen Hammer, Dummen Orange

May 22, 2017

New Dümmen Orange Scholarship Honors Legacy of Dr. P. A…

“Our industry’s future depends on attracting and supporting bright, hard-working students into horticulture programs across North America, and the support of Dümmen Orange will aid that effort,” Hammer says.

Read More
The Greenhouse and Hoophouse growers handbook

May 19, 2017

New Book Highlights the Benefits of Growing Vegetables …

Andrew Mefferd’s new book, “The Greenhouse and Hoophouse Grower’s Handbook: Organic Vegetable Production Using Protected Culture,” covers the many benefits of protected culture food production, from being first to market, to more effective pest control.

Read More
MedMen New Facility

May 18, 2017

MedMen Cannabis Production Facility in Nevada Nearly Co…

Construction is expected to be completed this summer on the facility, which will include a 26,000-square-foot greenhouse and a 19,000-square-foot extraction and production wing.

Read More
New Frontier Cannabis Industry Annual Report

May 18, 2017

New Frontier Publishes Annual Report on the Cannabis In…

The 2017 Cannabis Industry Annual Report provides an up-to-date perspective on the growth and transformation of the legal cannabis industry, and what it means for each segment of the market, including producers.

Read More
ISO Cutting Machine

May 16, 2017

The Top 100 Growers are Investing in More Technology to…

Labor has traditionally been among growers’ most significant costs, but the continued rising costs and lack of available labor are currently two very heavy burdens that growers have to bear. As the labor supply dwindles, the Top 100 Growers discuss their next steps toward investing in technology to streamline efficiency at their respective operations.

Read More
Flores El Capiro, AIPH Grower of the Year 2017

May 16, 2017

Entries Now Open for International Grower of the Year A…

The International Association of Horticultural Producers’ International Grower of the Year Awards, sponsored by Royal Flora Holland, will take place at IPM Essen 2018 in Essen, Germany.

Read More