-
Do you need help identifying a 🌶?
Is your plant suffering from an unknown issue? 🤧
Then ask in Identification and Diagnosis.
chinense Carolina Reaper and Pepper Stabilization
- Thread starter 3/5King
- Start date
Yes its true he burnt them
I'm not a lawyer but unless you enter into an agreement upon purchase of the seeds to not sell what grows from them I don't see how they could possibly enforce anything. Can you imagine the chaos this would cause if seed suppliers were allowed to change their mind & say you can't sell the fruit grown from seed you purchased AFTER you purchase them?
And the only thing they have is a trademark or copyright on the name, the reaper is not a protected variety plant. An example of something that was is the red savina.
http://en.wikipedia.org/wiki/Red_Savina_pepper
http://en.wikipedia.org/wiki/Plant_Variety_Protection_Act
Sounds like a bunch of huffing and puffing to me.
I must say I find this whole fiasco quite interesting. I don't have a dog in the fight but man do I love watching drama unfold.
Here's the bossman's take on it and he knows a lot more than me:
And the only thing they have is a trademark or copyright on the name, the reaper is not a protected variety plant. An example of something that was is the red savina.
http://en.wikipedia.org/wiki/Red_Savina_pepper
http://en.wikipedia.org/wiki/Plant_Variety_Protection_Act
Sounds like a bunch of huffing and puffing to me.
I must say I find this whole fiasco quite interesting. I don't have a dog in the fight but man do I love watching drama unfold.
Here's the bossman's take on it and he knows a lot more than me:
The Hot Pepper said:
One thing that strikes me as crappy, Dale said months back he was growing reapers, he said they would be for sale. How long did Ed take to contact the guy and tell him he could not sell them? Did they wait until the guy planted them watered them, fertilized them and then told him "no can sell'?
or did he tell Dale early and he did not take him serious?
who knows, I do know that Dale had a pretty good investment in plants, a shame to hear they were destroyed.
in this case, and many other issues discussed lately, Puckerbutt should open a line of communication with the people here, not his emissaries. A little transparency goes a long way.
truth is better than rumor, I would think.
or did he tell Dale early and he did not take him serious?
who knows, I do know that Dale had a pretty good investment in plants, a shame to hear they were destroyed.
in this case, and many other issues discussed lately, Puckerbutt should open a line of communication with the people here, not his emissaries. A little transparency goes a long way.
truth is better than rumor, I would think.
Lost all respect for Ed now, growing peppers should be for fun and sharing. This whole issue sounds Monsanto-like. He just crossed already existing peppers, there was no genetic modification. Clearly, greed and money is now the name of the game.
Anyways, i did not like the taste of the pepper, so will be destroying my plants today when i get home. Yay! More space for my MOA scotch bonnet to grow
Anyways, i did not like the taste of the pepper, so will be destroying my plants today when i get home. Yay! More space for my MOA scotch bonnet to grow
I'm not sure, but I don't see anything that could keep you from trading Reaper pods, giving away your OP seeds, or selling them without naming them (since they all look different anyway). The point seems to be that only the owners can profit off of the name.
i had planned on using those reapers i got form u for a sauce but that's not happening now. Maybe i will just make a paste with them when my other paste runs out.
jedisushi06 said:
http://www.uspto.gov/trademarks/index.jsp
Looks like it's perfectly fine to use the name Carolina Reaper, just not Smokin Ed's Carolina Reaper.
If you read in the quote it says you can use it in a sauce just name it as pepper
Yup no one can tell you not to use it, you can use Heinz(r) ketchup.... almost everything is a brand.
The issue was in the (r) name. And it seems you can use Carolina Reaper. It states there is now exclusivity to that part of the TM.
The issue was in the (r) name. And it seems you can use Carolina Reaper. It states there is now exclusivity to that part of the TM.
just don't call them "carolina reaper" and you will be fine. what a bunch of bullshit. glad i didn't give my money to them and have no interest in paying a dollar a seed for an unstable, accidental cross that somebody's trying to get rich from.
No it's not. Smokin' Ed's Carolina Reaper is, and they did not assign exclusivity to Carolina Reaper.
SadisticPeppers
eXtreme Business
I thought Pepper Joe had the rights to it, and I even asked him to be able to sell powders, sauces, etc., based on the Reaper, and he gave me his permission. So basically I now have no right to sell them? Mongo confused...
The (r) rights have nothing to do with selling. It has to do with using the name only.
The PTO will often require an applicant to “disclaim” exclusive rights to one or more terms in a mark. Even though the PTO has determined that the mark as a whole may be registered, it finds that a certain “component” part of the mark would be unregistrable standing alone (that is, that the component is merely descriptive, generic, etc.).
This is what is says in the Disclaimer field:
So they basically got screwed. Probably because their research found "Carolina Reapers" all over the Internet so they deemed it a general term for the pepper, like habanero.
The PTO will often require an applicant to “disclaim” exclusive rights to one or more terms in a mark. Even though the PTO has determined that the mark as a whole may be registered, it finds that a certain “component” part of the mark would be unregistrable standing alone (that is, that the component is merely descriptive, generic, etc.).
This is what is says in the Disclaimer field:
So they basically got screwed. Probably because their research found "Carolina Reapers" all over the Internet so they deemed it a general term for the pepper, like habanero.
PepperJam said:Lost all respect for Ed now, growing peppers should be for fun and sharing. This whole issue sounds Monsanto-like. He just crossed already existing peppers, there was no genetic modification. Clearly, greed and money is now the name of the game.
Anyways, i did not like the taste of the pepper, so will be destroying my plants today when i get home. Yay! More space for my MOA scotch bonnet to grow
People are understandably frustrated that their Reaper pods are not Reapers. If the seeds were purchased from Pepper Joe and they grew untrue, Ed Currie will send out either another plant of his or seeds of his. As the business side of not being able to sell his pods I understand they are his. He is legally entitled to restrict anybody from selling his peppers. I know it stinks but its just business.