I was just on Dutch Passion's website looking for the Automatic version of Frisian Duck. They have it listed as AutuDuck, with a registered trademark symbol. How can they do that when the term AUTODUCK has freely been used for several years. It is a common vernacular for any auto that has ducksfoot leaves. Further investigation into their site, and I see them slapping trademark symbols on auto versions of other company's seeds, many of which have been created and sold by others for years?
Dutch Passion Trademarks
- Thread starter Amynamous
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We know that many other seed companies have used our genetics as the basis for their own breeding for years. We have a collection of regular seeds (15 varieties for less than 3% of our sales, its a service rather than a business) that are especially useful for professional and amateur breeders, and we know and accept that people use our genetics in this way.
We are quite happy for that to continue, but the one think we tend to request is that people don't use our genetics AND the name. Thats the only reason for the trademarks.
We are quite happy for that to continue, but the one think we tend to request is that people don't use our genetics AND the name. Thats the only reason for the trademarks.
Nothing wrong with protecting intellectual property. I doubt a wee tm is any more likely to stop folk nicking it than a watermarked image though......canna growers seem to have even less repect for rules than soccer moms
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LMAO than soccer moms LMAO!
Trade marking a name is fine and dandy but plant genetics are free trade lol Everyone has used or stolen someone else's work to get what we have today,Theres not a single plant out there that is 100% ones own genetic creation 
I have grown DP seeds with good results and do not want to disrepect their abilities as growers and breeders. However, seems to me that they are trademarking names that were already commonly used by other growers, and trademarking common names. I believe that common names cannot be trademarked.
Trade marking a name is fine and dandy but plant genetics are free trade lol Everyone has used or stolen someone else's work to get what we have today,Theres not a single plant out there that is 100% ones own genetic creation
I believe it is the name that is being trademarked, not the genetics. Some names have been freely used for 20-30 years, and are now being trademarked. It may not be a big deal today, due to issues of illegality. However, in a worldwide legal market, the names become valuable. DP cannot trademark the name WHITEWIDOW, but they trademarked AUTO WHITEWIDOW. They own that name. If you are a seed company, and have been selling whitewidow and an auto version of whitewidow for years, you can no longer legally use that name.
Years ago, McDonalds went on a tear, suing businesses all over the globe for using anything remotely similar to their name. They were suing Scottish taverns that had been using the name for centuries. Many taverns could not afford to fight with McD's, and changed their name.
I have long believed that there should be a international nomenclature society, like there is for orchids, that would officially meet and award names to breeders, and provide an avenue for disputes, etc.
To address the question (vs. somehow addressing proprietary genetics), how they can do it (get a presumed US and/or is this an EU trademark)? is that despite Amyamous' claims of preexisting common use, there simply appears to be no evidence supporting this -- "AutoDuck" has apparently has not been in general use (enough) previously for the name to in any way be considered in the public domain (not trademarkable). For example, do a Google search on "autoduck," and the only cannabis-relevant entries retrieved are for the Dutch Passion seeds. That's now pretty rare for most any such meaningful word combination.
If you have any significant relevant evidence of prior use, depending on country, 3rd parties can or can't easily challenge granted trademarks. In the U.S., aren't trademark decisions disclosed for 6-months public comment prior to granting? Any breeder wanting AutoDuck for itself simply should have commercially used that name before Dutch Passion did and left some retrievable evidence of this, and that alone would have killed granting of the trademark to Dutch Passion.
Otherwise, what's the problem, sensitivities, with seed trademarks? It's only these exact names used for related commercial purposes (cannabis seeds) that are covered, and anyone can use these names all they want to refer specifically to the Dutch Passion seeds. Trademarks have nothing to do with patent protection (granting of commercial exclusivity) for inventions.
Of course, Dutch Passion should patent its seeds and their genetics every way it can (which increasingly involves less and more limited coverage/protection than most assume), including any unique gene sequences conferring AutoDuck's unique phenotype. They clearly invented something new here; and if they legally deserve and get a patent, then ideally they should license their AutoDuck breeding technology to other seed companies or themselves exclusively promote their new invention -- that's just how commerce works. [And otherwise, patents on such things as cannabis seeds are just for show, not readily enforceable or defended from challenge, rather than actually providing protection from any serious competition. But with AutoDuck seeds, I doubt there is anything patentable (in the US)].
If you have any significant relevant evidence of prior use, depending on country, 3rd parties can or can't easily challenge granted trademarks. In the U.S., aren't trademark decisions disclosed for 6-months public comment prior to granting? Any breeder wanting AutoDuck for itself simply should have commercially used that name before Dutch Passion did and left some retrievable evidence of this, and that alone would have killed granting of the trademark to Dutch Passion.
Otherwise, what's the problem, sensitivities, with seed trademarks? It's only these exact names used for related commercial purposes (cannabis seeds) that are covered, and anyone can use these names all they want to refer specifically to the Dutch Passion seeds. Trademarks have nothing to do with patent protection (granting of commercial exclusivity) for inventions.
Of course, Dutch Passion should patent its seeds and their genetics every way it can (which increasingly involves less and more limited coverage/protection than most assume), including any unique gene sequences conferring AutoDuck's unique phenotype. They clearly invented something new here; and if they legally deserve and get a patent, then ideally they should license their AutoDuck breeding technology to other seed companies or themselves exclusively promote their new invention -- that's just how commerce works. [And otherwise, patents on such things as cannabis seeds are just for show, not readily enforceable or defended from challenge, rather than actually providing protection from any serious competition. But with AutoDuck seeds, I doubt there is anything patentable (in the US)].
seymour-buds
autoflowering scientist
truth is its now cannabiz not cannabis as more and more countries de-criminalize..
pepsi,shell,mcdonalds all trademarked.
israel holds all the patents to most if not all cannabis strains and once you have claimed ownership you have the rights over that product to do as you wish so canna is now being marketed and regulated and stocks and shares related. hence why seed companies are now cashing in and trying to protect their intrests/invests by trademarking certsin names even though half the genetics they have originated from the true creator we dont actually own fukall unfortunatly this is how law and business works.
they can even tell you the gentic make-up i.e the parents/heritage of any if not all strains
big buddha has just trademarked cheese although hes a wanker/sell out cause its the exodus clone allegedly that he cashed in on... and tbh im probably the sort of person to have that convo with him face to face if we ever crossed paths...
corperations are now involved but i call them corpse for short cause the are dead entities and only live in a fictional realm of control and power and ownership over every aspect of the planet to be bought and traded under their t & c
thats pretty much gamja farming being set-up and regulated by the afore mentioned bodies for the seeable future
all that glitters aint gold.....
pepsi,shell,mcdonalds all trademarked.
israel holds all the patents to most if not all cannabis strains and once you have claimed ownership you have the rights over that product to do as you wish so canna is now being marketed and regulated and stocks and shares related. hence why seed companies are now cashing in and trying to protect their intrests/invests by trademarking certsin names even though half the genetics they have originated from the true creator we dont actually own fukall unfortunatly this is how law and business works.
they can even tell you the gentic make-up i.e the parents/heritage of any if not all strains
big buddha has just trademarked cheese although hes a wanker/sell out cause its the exodus clone allegedly that he cashed in on... and tbh im probably the sort of person to have that convo with him face to face if we ever crossed paths...
corperations are now involved but i call them corpse for short cause the are dead entities and only live in a fictional realm of control and power and ownership over every aspect of the planet to be bought and traded under their t & c
thats pretty much gamja farming being set-up and regulated by the afore mentioned bodies for the seeable future
all that glitters aint gold.....
Fully agree with the defence presented…
I for one regard the Trademark as a sign of the utmost commitment to quality control, and no BS, by DP.
To maintain a catalogue like their's, with this degree of consistency for so long, really is a secondary effect of true passion… pun intended.
Hat's off to the team. I cringe when I see multi-page long offers from some banks… Just imagining the infra-structure needed and the personnel to maintain all that makes me laugh sometimes.
The same shenanigans occur in numerous other walks of life, like wines for instance. People will cut their heads off debating that this bordeaux is the better one because the grapes come from that side of the hills, which are similar, but just not as unique, different estate, different land, different people, different techniques, etc etc… For the vast majority wtf, it's a bordeaux. But if you're a connoisseur, it's a world of difference.
So yeah, I don't see a problem with anyone putting their money where their mouth is in a potential litigation dispute over who actually represents a certain name. This protects legitimacy and guarantees lineage throughout time.
Otherwise you'd probably have "bordeaux made in china" in every restaurant and not think twice about it.
I for one regard the Trademark as a sign of the utmost commitment to quality control, and no BS, by DP.
To maintain a catalogue like their's, with this degree of consistency for so long, really is a secondary effect of true passion… pun intended.
Hat's off to the team. I cringe when I see multi-page long offers from some banks… Just imagining the infra-structure needed and the personnel to maintain all that makes me laugh sometimes.
The same shenanigans occur in numerous other walks of life, like wines for instance. People will cut their heads off debating that this bordeaux is the better one because the grapes come from that side of the hills, which are similar, but just not as unique, different estate, different land, different people, different techniques, etc etc… For the vast majority wtf, it's a bordeaux. But if you're a connoisseur, it's a world of difference.
So yeah, I don't see a problem with anyone putting their money where their mouth is in a potential litigation dispute over who actually represents a certain name. This protects legitimacy and guarantees lineage throughout time.
Otherwise you'd probably have "bordeaux made in china" in every restaurant and not think twice about it.
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