Lol many trustworthy Canadians up here 
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You would be O.K. with Soma having a copyright for NYC Diesel? Even though he’s not the original breeder?
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I didn’t say he had the rights to the plant or the seeds, just the name. If we want to be picky, we’ve all been sharing genetics for a long time. How can any one of us own the genetics at this point? And I don’t just mean people connected to OG, I mean everyone in the cannabis community. But a name is different. Wherever Soma got the seeds I don’t think matters, unless he stole them. He mass produced them, marketed them and sold them. If I breed something I consider comparable and similar, I don’t think that gives me a right to call my seeds NYC diesel. I would expect something called NYC diesel should actually be NYC diesel, not a cheap imitation.
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The name is a trademark/copyright on plants, but patents have to do with a specific cultivar and genetics. A cut can be patented if it’s different enough and unavailable through seeds, but that takes a lot of testing for that. A patent on a plant makes it illegal to reproduce the plant asexually (making clones). But that’s generally only enforced if your selling the patented plant without authorization and paying royalties.
They can trademark a name so no one can use their name for anything being sold or copied.Like anyone can take the same elite cuts used by breeders/chucker, but it wouldn’t be right to use their name for that same cross if your selling/trading it.
You’ll find alot of clone only s1s on these banks that don’t list the breeder. The ethics of which I’m personally ok with but I understand the counter argument and can sympathize to a degree but I like the idea of open source genetics.
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So in other words Soma and DNA didn’t protect their named strains? In my mind, it was my own fault for trusting the WSE when they said they had chocolope and NYC diesel seeds for sale, I tried to find reviews before I bought them but they kept saying they were new and nobody had grown them out. From now on I’ll stick with companies that I’m familiar with.
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It’s still a black/grey market as far as the feds are concerned. There is no legal rights for these breeders to claim. I’m saying if/when it becomes federally legal, then patents and trademarks can be issued. But it’s pretty much just for big AG companies, as the cost to get something licensed is going to be more than any home-grower/chucker can justify. I was looking into it when I got into growing berries and saw that they are legally protected and patented.
I suppose if a seed dealer is not mentioning the original breeders it’s a good indication that they aren’t selling the other breeders seeds for a percentage. As chocolope by DNA was a real favorite for me, I was very disappointed when the seeds I received weren’t anything like the DNA seeds. My fault, I never saw DNA mentioned. Mandala seeds, my latest favorite seed dealers sell DNA, ACE and several others. And it’s all out in the open on their site that they’re legit.