Good Evening, yes what a difficult subject one with which I have been dealing with for about 30 years. Only recently however, has the subject entered my hobby plants, that being succulents. To really get to the nitty gritty lawyers are in fact needed.
-What if the person who sold these rights for the Aloes was not the breeder nor had permission from the breeder to do so?
That would Suck!
What actually happened is really none of my business and I cannot comment further.
-PPAF and TM are valid but, yes, can often be a bluff. The group TM is Retro Gang TM the individual TM is ex: Guido TM. The 2 year period required for validation enables anybody to dispute the PP or TM. The 2 year period also enables the person submitting the PP or TM to change there minds. It can work in many cases and TM's are more confusing because they do not have a number and are harder to track. Most plants are now in fact Patented as indivduals but, TM's as a group ex: Verbena Tapien Blue Violet. Blue-Violet and all the other colors are individully patented and the word Tapien is the TM. Raphiolepsis Majestic Beauty TMPP. The word Majestic Beauty is TM's, the patent is past 18years so it can be grown legally under a different name but, you will not be able to take adavantage of the marketing of the Majestic Beauty name.
-Plants being on the market with multiple names is confusing and there are many reasons why this can happen. Hypothetically speaking sometimes commitments are made for multiplication of large quantities, if these commitments cannot be met, these large quantities often require a second home which are not in conjuntion with the TM holder.
-Royalties Administration are the Plant Patent Police. I get visited at least once a year and receive calls from time to time having to explain myself. TM's and Patents can be fought. I have had to collect records with dates and prove that I have being growing a plant before patent submission. I have also had to destroy crops and pay penalties, only once, about 15 years ago. Anybody know the story about Nandina Gulf Stream?
It is unfortunate that an issue like this has developed with such beautful plants. I can only say his plants are special and regardless of verbal/written credit, we all no who creatred them. I hope everybody has this thought and respect.
Let's now get back to talking about Xerics. I leave you with a picture of a freak variegated form of one of the said Aloe's.
Thanks, Larry