By the way, for anyone interested the educational exemption on breeding glofish was added Between March and April 2007.
Here is the March 2007 license:
GLOFISH® FLUORESCENT FISH LICENSE NOTICE
The GloFish® fluorescent ornamental fish are intended solely for visual enjoyment as aquarium fish by end users who have purchased these fish from authorized resellers, and not for commercial reproduction. These fish are the subject of various intellectual property rights owned or controlled by Yorktown Technologies, Inc. (“Yorktown”), both in the U.S. and internationally. These rights include (1) patent rights, including published patent applications (2) copyrights; and (3) trademark rights, including slogans and service marks.
By accepting these fish, and as part of the consideration therefor, the recipient agrees: (1) not to, breed or propagate these fish, permit or encourage others to breed or propagate these fish, or otherwise intentionally engage in any activity that may result in or lead to the breeding or propagation of these fish by anyone without the express written consent of Yorktown; (2) not to sell or transfer these fish to anyone in the State of California, or to possess or otherwise engage in any activity that results in the possession of these fish in the State of California.
And here is the April 2007 license text:
GLOFISH® FLUORESCENT FISH LICENSE NOTICE
GloFish® fluorescent ornamental fish are intended solely for visual enjoyment as aquarium fish by end users who have purchased these fish from authorized resellers, and not for commercial reproduction. Please note the following important information:
1) These fish are the subject of various intellectual property rights owned or controlled by Yorktown Technologies, L.P. (“Yorktown”), both in the U.S. and internationally.
2) GloFishâ is a trademark owned by Yorktown Technologies (Registration No. 3,056,697), and cannot be used in connection with the promotion or sale of any ornamental fish other than authentic GloFishâ fluorescent fish, which are exclusively produced by 5-D Tropical, Inc. and Segrest Farms, Inc.
3) GloFishâ fluorescent fish are licensed under one or more of the following United States Patents Nos. 7,135,613; 7,150,979 and 7,166,444, as well as other pending applications.
4) Intentional production and/or any sale, barter, or trade, of any offspring of GloFishâ fluorescent ornamental fish is strictly prohibited.
5) Notwithstanding the foregoing, production of these fish is permitted for educational use by teachers and students in bona fide educational institutions, provided, however, that any sale, barter, or trade, of the offspring from such reproduction of these fish is strictly prohibited.
6) Please note that these fish may not be sold or transferred to anyone in the State of California, as this is prohibited by California Law. The producers of GloFishâ fluorescent fish request that all consumers respect this regulation. For more information about this issue, please visit
www.glofish.com/california.asp.
Please feel free to send questions or comments about this license to
[email]info@glofish.com[/EMAIL].
It was modified again sometime before July 4th 2007:
GLOFISH® FLUORESCENT FISH LICENSE NOTICE
GloFish® fluorescent ornamental fish are intended solely for visual enjoyment as aquarium fish by end users who have purchased these fish from authorized resellers, and not for commercial reproduction. Please note the following important information:
1) These fish are the subject of various intellectual property rights owned or controlled by Yorktown Technologies, L.P. (“Yorktown”), both in the U.S. and internationally.
2) GloFishâ is a trademark owned by Yorktown Technologies (Registration No. 3,056,697), and cannot be used in connection with the promotion or sale of any ornamental fish other than authentic GloFishâ fluorescent fish, which are exclusively produced by Segrest Farms, Inc and 5-D Tropical, Inc.
3) GloFishâ fluorescent fish are licensed under one or more of the following United States Patents Nos. 7,135,613; 7,150,979 and 7,166,444, as well as other pending applications.
4) Intentional breeding and/or any sale, barter, or trade, of any offspring of GloFishâ fluorescent ornamental fish is strictly prohibited.
5) Notwithstanding the foregoing, production of these fish is permitted for educational use by teachers and students in bona fide educational institutions, provided, however, that any sale, barter, or trade, of the offspring from such reproduction of these fish is strictly prohibited.
6) Please note that these fish may not be sold or transferred to anyone in the State of California, as this is prohibited by California Law. The producers of GloFishâ fluorescent fish request that all consumers respect this regulation. For more information about this issue, please visit
www.glofish.com/california.asp.
7) Any bag, container, or aquarium holding GloFishâ fluorescent fish for resale, other than bags provided to end users, will be marked with either “GloFish® fluorescent fish”, or “GloFish®”, along with the name of the specific line(s) being held (i.e., Starfire Red™, Electric Green™, Sunburst Orange™ ).
Please feel free to send questions or comments about this license to
[email]info@glofish.com[/EMAIL].
