Why do they have PPAF when the plant is not going to be patented? That is very misleading. They can't patent that plant.
Here is what Mr. Berry sent to me about the 'Black Diamond' ordeal:
"Black Diamond and Ebony Crapemyrtles are the same. We brought the Black Diamonds to market in 2012 Black Diamonds Crapemyrtles. Black Diamonds is our, J Berry Nursery's, registered trademark. Ebony Crapemyrtles is their "legal name", as designateed by the government. Under a US District Court Agreement J Berry Nursery agreed to identify plants being brought to market by being marked with their name and ours.
The government finally under court agreement did the release of the plants this spring. Plants often have multiple names. These plants are not patented and therefore can go under any name.
J Berry Nursery is very effectively producing large quantities of these beautiful plants for hundreds of thousands of landscapes. We are very happy to make so many others happy by providing them a way to enjoy the Black Diamonds in their own landscapes.
With great difficulty and cost J Berry Nursery cooperated via Material Transfer Agreement and court settlement agreement, with the USDA to get these plants to market. We are proud to be doing what we are doing, despite our government trying to prevent us from doing so."
Does anyone know where we can read these court settlement agreements online?
