Heirlooms forum: Heirlooms from Burpee

Views: 400, Replies: 8 » Jump to the end
Name: Mike Jones
Tarlton, OH (Zone 5b)
Organic Gardener Region: Ohio Vegetable Grower Lover of wildlife (Raccoon badge) Seed Starter Native Plants and Wildflowers
Dog Lover Canning and food preservation Heirlooms
Image
m33jones2
Sep 15, 2017 1:46 PM CST
I just found out that Burpee says, if you buy seeds from them, you cannot distribute or sell the seeds, or the seeds that come from growing those. I just asked them to make sure, and it sounds like even an heirloom you've been growing for years that started with Burpee seeds, you shouldn't sell or distribute the seeds from it. That seems unreasonable to me. I'm done with Burpee.
Name: Sandy B.
Ford River, Michigan UP (Zone 4b)
(Zone 4b-maybe 5a)
Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Sages Million Pollinator Garden Challenge Seed Starter Vegetable Grower
Greenhouse Region: United States of America Region: Michigan Enjoys or suffers cold winters Butterflies Birds
Image
Weedwhacker
Sep 16, 2017 7:44 PM CST
Where did you find that info, Mike?

I'd likely ignore it at any rate, but just looked at their site and couldn't find anything to that effect.
“Think occasionally of the suffering of which you spare yourself the sight." ~ Albert Schweitzer /
Cubits.org - A Universe of Communities[/I] / Share your recipes: Favorite Recipes A-Z cubit
C/F temp conversion / NGA Member Map
Name: Mike Jones
Tarlton, OH (Zone 5b)
Organic Gardener Region: Ohio Vegetable Grower Lover of wildlife (Raccoon badge) Seed Starter Native Plants and Wildflowers
Dog Lover Canning and food preservation Heirlooms
Image
m33jones2
Sep 17, 2017 11:59 PM CST
I'm not getting any notifications on these posts. Sorry I took so long. I went to "contact us", and on that page it says when you get seed from them you agree not to sell or distribute it, just for personal use... Then I sent an email and asked about it, and got a reply saying I shouldn't sell or trade the seed that came from what I grew, or sell what I grew. Then I got an email from them, an advertisement today, and it said they're built on the principles of... listening to their customers... So I emailed them again and told them if they really listen to their customers, to please prove it... Told them they shouldn't have any right to the seed once I've payed for it... I should be able to sell what I grow at a farmer's market...
So I'm still waiting to hear back.
But if you go to the contact us page, you should see it there.
Name: Sandy B.
Ford River, Michigan UP (Zone 4b)
(Zone 4b-maybe 5a)
Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Sages Million Pollinator Garden Challenge Seed Starter Vegetable Grower
Greenhouse Region: United States of America Region: Michigan Enjoys or suffers cold winters Butterflies Birds
Image
Weedwhacker
Sep 18, 2017 7:26 AM CST
Okay, thanks --

this is what it says:

"Seed Usage:
By purchasing any seed or plant from W. Atlee Burpee & Co. the customer agrees to use the products solely for home garden use, and agrees not to distribute or sell the seed or plants for any other purpose."

I'm not really sure of the exact legal meaning of that statement - maybe someone else here is.

My "interpretation" of it -- which could very well be wrong, but I'll take my chances -- is that you can't use what you buy for other than a "home garden," and you can't sell or give it away for any use other than a "home garden." I don't know what else I'd do with it, so?

I'm sending you a tree-mail about the notifications -- you might just need to change some settings in your profile or on your home page. Smiling
“Think occasionally of the suffering of which you spare yourself the sight." ~ Albert Schweitzer /
Cubits.org - A Universe of Communities[/I] / Share your recipes: Favorite Recipes A-Z cubit
C/F temp conversion / NGA Member Map
Name: Mike Jones
Tarlton, OH (Zone 5b)
Organic Gardener Region: Ohio Vegetable Grower Lover of wildlife (Raccoon badge) Seed Starter Native Plants and Wildflowers
Dog Lover Canning and food preservation Heirlooms
Image
m33jones2
Sep 18, 2017 7:34 AM CST
Yeah, and when I asked about heirlooms they sell and me saving seed for s couple of years, the lady responded that I still shouldn't sell or distribute that seed or the produce.
I have all my settings set right for notifications, but it's just not happening. I only get them if I get a thumb, it if I get tagged in a post, or when I've posted something.
Name: Sandy B.
Ford River, Michigan UP (Zone 4b)
(Zone 4b-maybe 5a)
Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Sages Million Pollinator Garden Challenge Seed Starter Vegetable Grower
Greenhouse Region: United States of America Region: Michigan Enjoys or suffers cold winters Butterflies Birds
Image
Weedwhacker
Sep 18, 2017 7:54 AM CST
They said you couldn't sell produce grown from their seed? that really doesn't make sense to me... I hope someone else will know more about this than I do. Shrug!
“Think occasionally of the suffering of which you spare yourself the sight." ~ Albert Schweitzer /
Cubits.org - A Universe of Communities[/I] / Share your recipes: Favorite Recipes A-Z cubit
C/F temp conversion / NGA Member Map
Name: Mike Jones
Tarlton, OH (Zone 5b)
Organic Gardener Region: Ohio Vegetable Grower Lover of wildlife (Raccoon badge) Seed Starter Native Plants and Wildflowers
Dog Lover Canning and food preservation Heirlooms
Image
m33jones2
Sep 18, 2017 8:18 AM CST
I asked them through their contact email, can't remember my exact words, but pretty much,
Are you saying if I buy heirloom seeds from you and plant them and save seed from them for a year or two, I still can't trade or sell those seeds or the produce?

They responded:

Thank you for your email.

Any type of seed that is brought from Burpee or comes from the product of a Burpee seed you would not be able to sell or trade.

Regards,

Customer Service
www.burpee.com
1-800-888-1447

Do you think I misunderstood them?
If I sell the produce, the seed is in it.
Confused
And either way, I bought the seed. It's mine now. Why should they have any right to it once they've sold it to me?
Minnesota (Zone 3b)
RpR
Dec 12, 2017 2:49 PM CST
What they do not know cannot hurt anyone.
Don't tell them.
Name: Sue
SF Bay Area, CA (Zone 9b)
Container Gardener Canning and food preservation Dog Lover
Image
Zuni
Dec 24, 2017 10:07 PM CST
I don't see how they can sue on that premise. If it was a hybrid that they developed, and they had a patent on it, then it seems that it would be under patent law. But, if the seeds are not from their own patented plant, I don't see how they can forbid your growing plants and then selling the seeds.

At least under patent law for artwork or music, for instance, that was created before patent laws, anybody can use it for any purpose without paying any type of royalty.

So, I seriously doubt they can successfully sue anyone from growing and selling seeds from heirloom seeds.

Seems to me they'd have to sue based on breach of contract, then. It's been a while since I studied contract law, but for every agreement, both sides have to get something out of it. So, what do you get out of agreeing not to grow and sell the seeds - that are not protected under patent law - and that you paid good money to get? What did they give you in return for not competing with them that was worth it?

I'd have to do research on it and I'm too lazy right now, but I think they'd have a hard time successfully suing you if you plant heirloom seeds from them, then harvest them and re-sell them.

I could see that they would have an argument for you re-packaging their seeds and re-selling them under your name. So, maybe that's all they can legally require, and they're hoping to bluff people into not growing them and then selling seeds they've produced? If so, I don't see it working. But, I'm too lazy right now to research it. That's just based on my recollection of patent and contract law.

« Garden.org Homepage
« Back to the top
« Forums List
« Heirlooms forum
You must first create a username and login before you can reply to this thread.

Member Login:

Username:

Password:

[ Join now ]

Today's site banner is by ge1836 and is called "Penstemon Dark Towers blooms"