Marans and APA Recognition

[Sparklee]

Thanks, amazondoc, for explaining the process. 100 birds entered? Seems like a lot, but I suppose there's a good reason for it. I'm not questioning or complaining or anything; I've just never really thought about what it takes to qualify a breed/variety for the APA so it's all really foreign to me.

 

[amazondoc]

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I'd like to see the French try to enforce such a trade mark, just for curiosity's sake. For one thing, the term is called "TRADE Mark" for a reason -- it pertains to TRADE. And since there is virtually NO international trade in chickens or eggs, I'd be very interested in seeing whether such a thing would even be enforceable.

Nonetheless, in principle I think it's a good thing to stick with the standards of the country of origin as much as possible. And I suppose it's possible that the APA might consider recognizing clean legged Marans if they were called something like "American Marans" or perhaps "English Marans". Ya never know!

 

[amazondoc]

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Thanks Laura!

 

[amazondoc]

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Sure thing. Before I got involved with the Marans, I had no clue what was required either.

 

[blackdotte]

There has already been legal action outside France, and the French prevailed. The term 'English Marans' was not accepted on appeal.
The term 'pure bred Marans' can apply to a bird that is bred to the accepted French Standard, irrespective of where in the world it is bred, the problem thus only arises when a country does not wish to accept the French Standard but still wants to call it's birds pure bred Marans.
I think that a name totally removed from Marans would have more chance. Also International Trade does not mean only the trade with the USA.
David

 

[amazondoc]

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That was in the EU, correct? The US is a far different creature, legally speaking.

 

[wren]

Just a guess here but I'm pretty sure that the Marans name will stick here in my country with no name. As chickens go, whatever it looks like it is. Crazy huh?

From my observations most marans clubs are wanting to adopt the French standard.

 

[blackdotte]

Wren,
As an outsider browsing the the web I read of groups in the US wanting either the French Standard, or a modified French Standard, or the transference of the ABA Standard to large fowl, or a Standard for clean legged birds only, and even one that wants yellow legs.
A great deal of divided opinion.

Many people around the world dislike the US especially when dictated to i.e. " you must do as we say ,but we will ignore your laws".
The US does,for example, not accept that US citizens can be prosecuted for war crime by the International War Crimes Tribunal on the basis that anything a US citizen does would be legal under US law".
David

 

[amazondoc]

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Fortunately, the "lunatic fringe" isn't doing any actual work towards gaining APA acceptance.

Many people around the world dislike the US especially when dictated to i.e. " you must do as we say ,but we will ignore your laws".
The US does,for example, not accept that US citizens can be prosecuted for war crime by the International War Crimes Tribunal on the basis that anything a US citizen does would be legal under US law".
David

Also fortunately, the US Marans community is not responsible for most of the ills of the world. All we're responsible for in this context is our chickens.

 

[Krys109uk]

There has already been legal action outside France, and the French prevailed. The term 'English Marans' was not accepted on appeal.

It would have been British type surely? I have not spoken with Derrie Watchorn or Alan Heeks for a few years; I expect that would have been something to do with the British Marans Club?

From my own point of view I feel it is best to try to breed to standards of country of origin as far as is possible with any breed.

However, such a daft idea as putting a worldwide trade mark on a breed of chicken, will almost certainly be unenforcable in the long term. That is presuming people will not be so daft as to comply. As has been found with many daft laws, at least in UK, if enough people ignore the law & do not comply it becomes too expensive to prosecute.​