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factor in the consideration. The name really belongs to the public ; 

 the originator cannot sell it, and the nurseryman ought not to pay 

 for it. As a matter of recent pomological history in this country, it 

 may be well to add that introducers who have endeavored to rename 

 varieties have several times found their labor lost, even in our present 

 loose enforcement of nomenclature rules. 



Another point closely related to this is the protection of varieties 

 and of variety names. Several schemes have been devised, among 

 which the copyright trademark deserves special attention. This has 

 been tried by several responsible nursery firms, and doubtless has 

 furnished some practical protection. Most men do not want to have 

 the bother and expense of a legal prosecution, and would rather not 

 run the risk of propagating a trademarked novelty. But some nur- 

 serymen have been bold enough to disregard the claims of copyright 

 or trademark owners, and, so far as I have been able to learn after 

 considerable inquiry, no court has ever given a decision against such 

 infringements. A well-known nurseryman, who has tried this 

 method, has lately said in print : "I would not advise Mr. Blank to 

 spend much money in trying to protect the name of any new fruit 

 until a law is made for this special purpose." The editor of the 

 Country Gentleman, at my request, has kindly submitted this question 

 to an eminent legal authority, who says ; "Copyright only applies to 

 printing, engraving, lithographing and similar methods of reproduc- 

 tion. However, under the United States Statutes, a trade-mark may 

 be registered. In any event, a copyright or trade-mark cannot prevent 

 the sale of the fruit or the trees under another name." 



The case seems to stand about like this : A copyright pure and 

 simple cannot be secured. A trade-mark may be registered. This 

 trade-mark may be any sort of a device, including the name chosen 

 for the variety, as "Hobson," "Manila," "Maine." This trade-mark, 

 including the name, may be exclusively used in advertisements, 

 descriptions, etc. It may also be stamped upon a seal and attached 

 to the plants, and thus furnish a guaranty to the buyer that they are 



