Question about trademarking corals

[Bryce Peterson]

I was looking at some corals on a boutique site and wondering if anybody has tried to trademark their corals. I see many different sites selling Tyree, Jason Fox, ORA, etc. It would seem that anyone from a lfs to a home hobbyist can sell corals under these "brands". I could go buy some Cornbread super Monti......... whatever and get it to grow in my tank. Due to the fact that my system is nothing like Cornbread's, the end result would probably not have the same look. I then sell my frags as the real thing, putting an inferior product into the marketplace. Although I personally find some of the prices out there to be laughable, this just doesn't seem right. Kinda like selling Rolex watches made in Taiwan. Any thoughts?

 

[Jlobes]

rolex watches made in taiwan?!?! those arent rolex, those are fakes!

 

[Bryce Peterson]

rolex watches made in taiwan?!?! those arent rolex, those are fakes!

So you're saying that a person should be able to sell a browned-out frag under the original name as long as it has the pedigree? I'm just asking the question. I don't care if you want to propagate and sell branded corals. I was just wondering if anyone had tried to trademark their brands.

 

[cb684]

So you're saying that a person should be able to sell a browned-out frag under the original name as long as it has the pedigree? I'm just asking the question. I don't care if you want to propagate and sell branded corals. I was just wondering if anyone had tried to trademark their brands.

So you are saying that if I buy a rolex I should not be able to resell it as a rolex?

 

[Tab28]

I think I kinda see what you are saying but it seems you are bunching an idea as opposed to a product. If you buy an designer coral and not able to have it color up as the grower. It is still the designer coral and has the potential to look the same. So you are able to add the designer name if you resell. But if it looks sad you will not be able to get the same price. But the new buyer may be able to get it to color up to the designer color standard. Not all corals will look like s designer coral just because it is in the designer system. Not all diamonds or sapphires are of the same quality. Many high end sellers have the eye and influence to obtain these designer quality corals. But for every one great potential coral they may have half a dozen that are normal quality.

Pricing is another matter. The market dictates. You pay what you feel is right. Why is chicken breast more expensive than thighs. Fillet costs more than chuck. All come from same animal.

 

[Pete polyp]

A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

How exactly could you trademark a coral? It's not a sign, design or expression.

 

[Bryce Peterson]

Ok, so maybe the Rolex wasn't a good analogy. I'll try another: top dog breeders charge a premium for champion sired animals. An AKC registration helps to document the lineage. I know reputable breeders that would not allow an animal to be registered that does not meet the breed stsndard. What assurances does one have thar some drab little stick is actually what the seller claims. BTW, I agree that people should buy what looks good to them and pay what they think is the appropriate price.

 

[cb684]

There is a flip side of your question. So, should I be able to rename a coral because I can improve its color?

 

[Bryce Peterson]

A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

How exactly could you trademark a coral? It's not a sign, design or expression.

Good point. You couldn't actually mark a coral. Maybe someday there will be a DNA database for high end corals.

 

[kv69]

This would fall under Buyer Beware if you are not buying from the branded sellers business.

 

[Diesel]

Corals are corals!
But I like the first one better!!

 

[Bryce Peterson]

There is a flip side of your question. So, should I be able to rename a coral because I can improve its color?

You Certainly could, but do you think you would get more money using your name or the name of the original seller (assuming I'm not talking to some top seller )

 

[cb684]

Most of the top sellers sell corals with other seller name... Some of the top sellers are known by changing names of corals.

 

[Wolff92]

As a law student I have actually just studied trademark law and was thinking the same question throughout the course. A trademark is a source identifier from which the goods are provide. Goods may legally be repackaged and resold under a different name in certain instances. Given rhrt nature of the hobby where coral trading is so common it would not make sense for a seller to trademark a coral name such as "spainbow acropora" it would however make sense for a seller to trademark their name such a Jason Fox corals. But to be a protectable mark there are hurtles sellers must jump through to be provided with a protectable Mark by the PTO office. There are only a limited number of claims a seller may bring against an infringer. Most of which are tested by a consumer intelligence on the product. The law wants to protect consumers when It comes to TM. Here we're have educated hobbiest and most likely consumer confusion would fail and the seller would not be able to bring a successful claim.

 

[Bryce Peterson]

Corals are corals!
But I like the first one better!!

That's funny! I have to admit that I do too. The name does add something to the appeal.

 

[Pete polyp]

Corals are corals!
But I like the first one better!!

I'll take one of both! [emoji14]

 

[Pete polyp]

As a law student I have actually just studied trademark law and was thinking the same question throughout the course. A trademark is a source identifier from which the goods are provide. Goods may legally be repackaged and resold under a different name in certain instances. Given rhrt nature of the hobby where coral trading is so common it would not make sense for a seller to trademark a coral name such as "spainbow acropora" it would however make sense for a seller to trademark their name such a Jason Fox corals. But to be a protectable mark there are hurtles sellers must jump through to be provided with a protectable Mark by the PTO office. There are only a limited number of claims a seller may bring against an infringer. Most of which are tested by a consumer intelligence on the product. The law wants to protect consumers when It comes to TM. Here we're have educated hobbiest and most likely consumer confusion would fail and the seller would not be able to bring a successful claim.

While the brand is an actual trademark the product is not. Getting a trademark on a coral would be like getting a trademark on potatoes.

 

[Wolff92]

Exactly

 

[Battlecorals Verified Sponsor]

As a law student I have actually just studied trademark law and was thinking the same question throughout the course. A trademark is a source identifier from which the goods are provide. Goods may legally be repackaged and resold under a different name in certain instances. Given rhrt nature of the hobby where coral trading is so common it would not make sense for a seller to trademark a coral name such as "spainbow acropora" it would however make sense for a seller to trademark their name such a Jason Fox corals. But to be a protectable mark there are hurtles sellers must jump through to be provided with a protectable Mark by the PTO office. There are only a limited number of claims a seller may bring against an infringer. Most of which are tested by a consumer intelligence on the product. The law wants to protect consumers when It comes to TM. Here we're have educated hobbiest and most likely consumer confusion would fail and the seller would not be able to bring a successful claim.

SPAINBOW!!! LOL Flattered that the consumer slang term for one of my own acros has become an accepted example of a broad brushed name! Just classic. Feeling like I've made some kind of pseudo significant mark on the hobby all of a sudden

But, having gone through and completed the trademark process myself, I am certain there's no way you could trademark a specific living coral at this time. But I don't really see the point of doing so either. Like you stated, trademark your brand. Not your individual products, respectively. Coral is kind of a free for all anyway, and it's perfectly acceptable for other people to sell "my" coral as BC this sand that. (even when it may not even be) lol Sure, go right ahead. Doesn't bother me at all. But if someone tries to call themselves Battlecorals, or use my logo and/or slogan as their own......grrrrr.... look out, because my team of crack shots will coming after you!!!! No lie.

 

[Diesel]

You can trademark a special kind of frag plug and put a coral on it and called your.
Yet if they take that same coral of your frag plug and put it on theirs we make the circle complete.
Again we will be beating a dead horse.
Yet..... We speak of a healthy debate!!