[Jewelry making - Article 01173] - Re: [Orchid] Gem Names

[Peter B. Steiner]

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>         We're into the era of gem "branding."  One company I know of
>     (and there are others doing the same thing) has trademarked a
>     number of names I won't repeat in full here.  One of them is
>     Seafoam Tourmaline (TM).  That means no one else can legally use
>     those words to describe their product unless it's purchased from
>     that particular company, and the (TM) symbol is legally required
>     when using that name.  That alarms me. 

    I'm not sure whether we should be alarmed, or just laugh ourselves
    silly!  Maybe both.... :-)  "Seafoam green" is a term which has been
    used for decades to describe a particular shade of Tourmaline.  That
    description is, by definition, a part of the public domain. The fact
    that someone managed to trademark such a name demonstrates profound
    ignorance on the part of the bureaucrats at the USPTO.  

    A certain chocolate company (I'm not going to tell you which one)
    recently isolated the exact gene sequence responsible for the flavor
    of chocolate.  They applied for, and received, a patent on that
    genetic code.  Now they intend to charge a licensing fee to every
    Cacao farmer in the world, each time a new Cacao tree is planted.  I
    am not making this up!  Imagine the logical extrapolation, assuming
    that any court is foolish enough to uphold this patent.  Other
    companies are patenting Human genes.  Do you want your child to have
    brown hair or red hair?  Schedule of fees to follow.....   ;-) 

>         Trademarks don't mean zip if they're not rigorously defended in
>     court, of course, and that can get awfully expensive.  So we'll
>     just have to see how it all sorts out in the fullness of time. 

    One hopes that all of these patent and trademark issues are sorted
    out on the side of common sense.  I'm guardedly optimistic.  There's
    very little legal precedent for common sense - yet it often prevails.
     :-) 

Pete 

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