Does that mean you're going to start fires rather than put them out??? ;) ===== Tina Brooks VP Marketing, Peppermaster Hot Sauces <a rel="nofollow" target="_blank" href="http://www.peppermaster.com">www.peppermaster.com </a>Brooks Pepperfire Foods Inc. <a rel="nofollow" target="_blank" href="http://www.pepperfire.ca">www.pepperfire.ca</a> Phone: (514) 393-3430 26 St. Jean Baptiste, East Rigaud, Quebec, Canada J0P 1P0 Network with me on <a rel="nofollow" target="_blank" href="http://www.gourmetbusinessforum.com/">www.gourmetbusinessforum.com</a> -- The premier online business community for food professionals <em><font color="#ff0000">Many persons have a wrong idea of what constitutes true happiness. It is not attained through self-gratification but through fidelity to a worthy purpose.</font> <font color="#4040ff">Helen Keller</font></em> ----- Original Message ---- From: "jim@wildpepper.com" <jim@wildpepper.com> To: Byron <byronbromley@tellink.net> Cc: Chile Heads <chile-heads@globalgarden.com> Sent: Tuesday, June 3, 2008 7:46:04 PM Subject: Re: [CH] Tobasco Re: If tobasco was already the name of a Chile why does McIlhenny's own the rights to the name ?? Because they claimed, and a trademark clerk agreed with them over 150 years ago, that they were the first to combine THAT specific chile, grown by them, into THAT specific sauce. It went from there. It is important to remember the era in which it was first granted. We're talking American Civil War here, where a trip to California was months in the doing and engendered no small amount of risk! Mail took weeks to get there (okay- so that's not changed much ;-) and communications were quite a bit slower. We didn't have NAFTA to promote international trade and the internet in order to near instantly research something. I will not dispute in the slightest the merits of the original trademark being issued. Fact of the matter stands though, it was issued- right or wrong. Re: the red Savina Habanero patent It isn't a patent, it is a trademark. Last I knew, they didn't have to drop *anything*. Matter of fact, they were told to 'tighten it up' so that the mark and proper name stands as "Red Savina Habanero(TM)". Sorry =Mark, I'm typing fast :-) The granting of that conveys no special claim to the name habanero independant of the name "Red Savina" and is usually stated as such in the granting of the trademark. When I was awarded mine, it specifically states that the mark applies to the name "Mild to Wild Pepper & Herb(R)" "in its' entirety and no specific claim can be made upon 'pepper & herb' apart from 'Mild to Wild'". So sorry Rael- your Bannana(R), Raspberry(R), Orange(R) smoothie wouldn't work :-) **However** a BanRaspOran would as it is distinct. -Jim http://www.StepUpforCharity.org quitting the fire service tomorrow to take up trademark consulting :-P