Dbckmbdb 1, 1921 



The Florists^ Review 



139 



WARNING! 



We again call to the attention of the trade, our rights regarding all Golden Deli- 

 cious apple trees. We have formerly published notices of our rights in regard to this 

 variety and these trees in the trade papers, and have mailed to all members of the nursery 

 trade, legal notice by registered mail and have received receipts of the delivery of these 

 letters by the Post Office Department. We desire to eliminate any chance of anyone in- 

 fringing on our legal rights by attempting to propagate and sell this variety, every tree 

 of which is fully and legally protected by special individual contracts between the purchaser 

 and our company. We do not desire to cause any trouble or loss to reliable nurserymen 

 and we have made every efYort to notify them so that they would not innocently infringe 

 on our rights. The other class of nurserymen who might attempt to infringe in spite of 

 our notices will be promptly and effectively handled in the Courts. 



A few cases of infringements and illegal action regarding the Golden Delicious have 

 come up and have been quickly and definitely stopped either by court action or by agree- 

 ment of the infringer to either destroy or turn over to us all buds, scions or cuttings of the 

 Golden Delicious in their .possession, with the additional agreement not to attempt to fur- 

 ther violate our rights. Some of these infringements have been caused by ignorance of the 

 fact that our contract agreement fully protects and covers every tree, scion, bud or cutting 

 of every tree that has ever been sent out and that no one can propagate and sell any Golden 

 Delicious trees under that name or any other name. We have in our employ a leading na- 

 tional detective agency and careful investigations are made by them of any alleged infringe- 

 ment of our rights by customers, nurserymen, or anyone else. 



The following quotation from our attorneys' letter contains the essential details of our 

 legal rights in this variety: 



"Stark Bro's N. & 0./Co., 

 Louisiana, Mo. 



Gentlemen: 



In re Protection of Your Exclusive Rights to the 

 Golden Delicious Apple Tree 



"Under your contract, under and by virtue of which the Golden Delicious Apple Trees 

 are sold, every Purchaser signs a contract agreeing: 



'Not to give away or sell or permit anyone else to take scions, buds 

 or cuttings from the Golden Delicious trees herein mentioned or their 

 progeny for a period of 25 years.' 



"This gives you control of all Golden Delicious trees and all propagating wood there- 

 from. That Contract is enforcible and you can successfully proceed against anyone who 

 infringes upon your rights or violates that contract. In order to give every possible notice 

 of your rights to that apple tree, we advise you to send to all Nurserymen the above 

 quotation from your Contract under and by virtue of which the Golden Delicious Apple 

 trees are sold, so they will have full notice of the same and in the event anyone violates 

 it, you can take legal action against them. All honest Orchardists and Nurserymen will 

 aid you in protecting your rights to that apple tree. Of course, you will reciprocate in 

 the event any other nurseryman produces fruit they wish protected in the same manner 

 by Contract whenever they give you notice of same. 



"Yours truly, 



"MATSON & COWHERD, 

 "Attorneys for Stark Bro's N. & O. Co." 



We wish to assure reliable nurserymen that we have taken this action and sent these 

 notifications in justice to them and so they will be fully informed. Furthermore, if, in the 

 future, any other new fruits are introduced by other nurserymen on this basis, we will ap- 

 preciate their notifying us of the existence of any contracts with which we might unknow- 

 ingly attempt to interfere. 



Stark Bro's N. & O. Co. 



•*" 



Louisiana^ Mo. 



