THE NATIONAL NURSERYMAN 
301 
WARNING | 
We again call to the attention of the trade, our rights regarding all Golden Delicious 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 infringing on E= 
our legal rights by attempting to propagate and sell this variety, every tree of which is fully and legally protected EEE 
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 effort 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 prompt- 
ly and effectively handled in the Courts. j= 
A few cases of infringement and illegal action regarding the Golden Delicious have come up and have been E= 
quickly and definitely stopped either by Court action or by agreement of the infringer to either destroy or turn over 
to us all trees, buds, scions or cuttings of the Golden Delicious in their possession, with the additional agreement == 
not to attempt to further 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 national detective agency and careful investigations are made by them of any al- = 
leged infringement of our rights by customers, nurserymen or anyone else. 
The following quotation from our attorney’s letter are the essential details of our legal rights in this variety: = 
Stark Bro’s N. & O. Co., 
Louisiana, Mo. 
Gentlemen: 
In re Protection of Your Exclusive Rights to the Golden De¬ 
licious 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 Nur¬ 
serymen will aid 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 appreciate their notifying us of the existance of any contracts with which 
we might unknowingly attempt to interfere. 
STARK BRO’S N. & 0. CO. 
Louisiana, Mo. 
«-.ii 
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