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V 

 PROPERTY RIGHTS IN NAMES. 



In a former chapter (page 7) reference was made to the custom in 

 vogue between originators and introducers of horticultural varieties 

 as to the privilege of bestowing names. Sometimes the introducer 

 buys a ready named variety, advertises it and distributes it under the 

 name given by the originator. Oftener, however, the introducer 

 prefers to name the variety himself, and so far as the rights of the 

 case are concerned, it would seem proper for him to hold this privilege. 

 But in order that the right of bestowing a name may thus be a part 

 of the property equity in the variety, the originator should be careful 

 not to confuse horticultural literature by the publication of a name 

 and description for a variety which he plans to sell out to some one 

 for introduction. A convenient way is to carry such unintroduced 

 varieties under their nursery numbers, Johnson's 247, A-46, MC-72, 

 etc., as is done with many of them in Mr. Burbank's admirable New 

 Creations. On the other hand, when the originator has definitely 

 published a name with his description, it ought to be understood 

 that the christening is over. The privilege of naming the variety is 

 then no longer for sale. It has been occupied once for all by the 

 originator. The variety with its name, for better or for worse, 

 belongs to the horticultural public, and any agreement between origi- 

 nator and introducer as regards its name is no longer of any effect. 

 This mistake is very common, and therefore the p~oint needs to be 

 emphasized. The nurseryman who introduces a new variety has my 

 full sympathy, and I know how important a catchy name is in 

 making sales. The nurseryman feels that when he invests his money 

 in a high-priced novelty his business interests are superior to any 

 trivial pomological rules. But the public must be protected as well 

 as the nurseryman'; and if the latter buys a novelty ready-named, it 

 ought to be clearly understood that the naming privilege is not a 



