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Avatar for SamStamport
Nov 28, 2018 8:09 AM CST
Thread OP
Name: Sam Stamport
Houston, TX (Zone 9a)
Can anyone give me the name of this coleus? I'm trying to find out if it's patented.

Thanks!

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Dec 1, 2018 7:18 AM CST
Name: Tiffany purpleinopp
Opp, AL @--`--,----- ๐ŸŒน (Zone 8b)
Region: United States of America Houseplants Overwinters Tender Plants Indoors Garden Sages Plant Identifier Garden Ideas: Level 2
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Compare to 'Redhead.' How did it come into your possession?
The golden rule: Do to others only that which you would have done to you.
๐Ÿ‘€๐Ÿ˜๐Ÿ˜‚ - SMILE! -โ˜บ๐Ÿ˜Žโ˜ปโ˜ฎ๐Ÿ‘ŒโœŒโˆžโ˜ฏ
The only way to succeed is to try!
๐Ÿฃ๐Ÿฆ๐Ÿ”๐Ÿฏ๐Ÿพ๐ŸŒบ๐ŸŒป๐ŸŒธ๐ŸŒผ๐ŸŒน
The best time to plant a tree is 20 years ago. The 2nd best time is now. (-Unknown)
๐Ÿ‘’๐ŸŽ„๐Ÿ‘ฃ๐Ÿก๐Ÿƒ๐Ÿ‚๐ŸŒพ๐ŸŒฟ๐Ÿโฆโง๐Ÿ๐Ÿ‚๐ŸŒฝโ€โ˜€ โ˜•๐Ÿ‘“๐Ÿ
Try to be more valuable than a bad example.
Avatar for SamStamport
Dec 2, 2018 5:20 PM CST
Thread OP
Name: Sam Stamport
Houston, TX (Zone 9a)
'Redhead' might be it, but it has chartreuse coloration on the edges of the leaves. Maybe this is caused by the onset of shorter winter days or it's devolving into its parentage?

My friend bought it at a local wholesale nursery. I've emailed them, but they've not yet replied.

Thanks!
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Dec 3, 2018 9:02 AM CST
Name: Tiffany purpleinopp
Opp, AL @--`--,----- ๐ŸŒน (Zone 8b)
Region: United States of America Houseplants Overwinters Tender Plants Indoors Garden Sages Plant Identifier Garden Ideas: Level 2
Organic Gardener Composter Miniature Gardening Million Pollinator Garden Challenge Tender Perennials Butterflies
If you get a reply, please let us know! ;)
The golden rule: Do to others only that which you would have done to you.
๐Ÿ‘€๐Ÿ˜๐Ÿ˜‚ - SMILE! -โ˜บ๐Ÿ˜Žโ˜ปโ˜ฎ๐Ÿ‘ŒโœŒโˆžโ˜ฏ
The only way to succeed is to try!
๐Ÿฃ๐Ÿฆ๐Ÿ”๐Ÿฏ๐Ÿพ๐ŸŒบ๐ŸŒป๐ŸŒธ๐ŸŒผ๐ŸŒน
The best time to plant a tree is 20 years ago. The 2nd best time is now. (-Unknown)
๐Ÿ‘’๐ŸŽ„๐Ÿ‘ฃ๐Ÿก๐Ÿƒ๐Ÿ‚๐ŸŒพ๐ŸŒฟ๐Ÿโฆโง๐Ÿ๐Ÿ‚๐ŸŒฝโ€โ˜€ โ˜•๐Ÿ‘“๐Ÿ
Try to be more valuable than a bad example.
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Dec 3, 2018 10:19 AM CST
Name: Danita
GA (Zone 7b)
Charter ATP Member Forum moderator Hummingbirder Salvias Butterflies Birds
Plant Identifier Vegetable Grower Container Gardener Seed Starter Cat Lover Region: Georgia
If it came without a tag, then it's more likely to be a seed-grown variety. Patented plants are required to come with a tag, although some nurseries are a bit sloppy and don't always do things by the book. The Wizard series is commonly grown. Perhaps your plant could be...
Avatar for SamStamport
Dec 3, 2018 6:07 PM CST
Thread OP
Name: Sam Stamport
Houston, TX (Zone 9a)
Wizard Velvet Red looks like it might be the one. Since the days have gotten shorter the colors are not quite the same as a few months ago ...

I did some research. Apparently Wizard was created by Pan American Seed. https://www.panamseed.com/plan... It is a registered trademark, but I'm not sure if it's patented. The is a 'PAS2018' notation on the Pan American Seed web page. I don't know what that means.

I'd like to propagate this coleus for sale, but my understanding is that any plant that is patented cannot be propagated and sold. I think registered trademark has to do with the name only and that it can be propagated and sold.

If I hear something from the wholesaler. I'll post it here.

Thanks!
Avatar for SamStamport
Dec 5, 2018 9:26 AM CST
Thread OP
Name: Sam Stamport
Houston, TX (Zone 9a)
Still have heard nothing from the local wholesaler, but received the following email from PanAmerican Seed.

Thank you for contacting PanAmerican Seed. The marketing name of our Wizard series is trademarked. So while we cannot block you from propagating from the plants (creating cuttings), you cannot sell the cuttings under the Wizard Coleus name. To sell them as "Wizard Coleus" you would purchase seed from your preferred distributor.

This business of trademark & patent seems ambiguous and confusing. Why would a company go to the trouble & cost of trademark without also patenting or use patenting instead?
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