are trademarks used
with apples. For now only qualifying apples of the Cripps Pink variety can
be sold under the Pink Lady® trademark.
In the future qualifying apples of other varieties, such as
Early Cripps cv. (an early maturing sport mutation of Cripps
Pink cv.) and Ruby Pink cv. (a more highly coloring sport mutation
of Cripps Pink cv.), and others will also be sold under the
Pink Lady® trademark.
The Pink Lady® America Regulations are meant to generally explain the licensed use of the Pink Lady® Brand and the Flowing Heart Logo™. These regulations do not replace or change any terms of any license agreement issued by Pink Lady® America, and are intended only to provide information to the public.
The trademarked phrase “Pink Lady®” is licensed
for use under one set of rules. The Flowing Heart Logo™ is
licensed for use under a different set of rules.
U.S. Domestic Use of the Trademarked Phrase “Pink Lady®”
Generally, qualifying apples grown on legally purchased or legally propagated Cripps Pink cv. trees planted in the United States can be sold domestically in the United States under the trademarked phrase “Pink Lady®” without a royalty payment. Please be aware, however, that all apples sold under the trademarked phrase Pink Lady® must comply with all terms of the applicable Pink Lady® trademark license issued to legal growers of Cripps Pink cv. trees. Growers who violate any term of their Pink Lady® Trademark License can lose their right to use the Pink Lady® Brand and Flowing Heart Logo™ trademarks.
U.S. domestic sales do not include export sales of qualifying apples bound for destinations outside of the United States, or import sales of qualifying apples that are grown on trees outside of the United States. Pink Lady® America issues both Pink Lady® U.S. Export Licenses and Pink Lady® U.S. Import Licenses.
Export and Import Use of the
Trademarked Phrase Pink Lady®
OR
The Flowing Heart Logo™.
U.S. export sales include shipments of qualifying apples that are bound for destinations outside of the United States. U.S. import sales include shipments into the U.S. of qualifying apples that are grown on trees outside of the United States. Pink Lady® America issues both Pink Lady® U.S. Export Licenses and Pink Lady® U.S. Import Licenses for all shipments of apples bearing the trademarked phrase Pink Lady®, or the Flowing Heart Logo™, or both. Royalties are required for all export and import sales of apples bearing the trademarked phrase Pink Lady®, or the Flowing Heart Logo™, or both. The royalty schedule, in U.S. dollars, generally in effect is as follows (in the event of a discrepancy between this schedule and your License Agreement, the amounts in your License Agreement apply):
| U.S. Standard Box | $1.25/box |
| Euro-carton | $0.88/box |
| Canada Sales | $0.50/box |
| Pink Lady® trademark | |
| Canada Sales | $1.25/box |
| Flowing Heart Logo™ | |
| Mexico Sales | $0.50/box |
| Pink Lady® trademark | |
| Mexico Sales | $1.25/box |
| Flowing Heart Logo™ | |
All shipments of apples packed in Pink Lady® Brand Flowing Heart Logo™ cartons must comply with the Pink Lady® Approved Use Statement published on the Pink Lady® America website. The required cartons look like this:
All PLU stickers bearing the Pink Lady® Brand Flowing Heart Logo™ that are applied to apples must comply with the Pink Lady® Approved Use Statement published on the Pink Lady® America website. The proper PLU stickers look like this:
All PLU stickers bearing the Pink Lady® trademark must comply with the Pink Lady® Approved Use Statement published on the Pink Lady® America website. The proper PLU stickers look like this:
Limited co-branding of both the cartons and PLU stickers is permitted, subject to written advance approval from Pink Lady® America. Co-branding means that the packer’s, shipper’s, or buyer’s trademarks are displayed on the cartons and/or PLU stickers together with the Pink Lady® trademarks.
A failure to use the approved box designs and the approved PLU stickers does not relieve the licensed exporter or importer from their obligation to pay a royalty, but it is a breach of the license agreements and may result in the termination of those license agreements if the problem is not corrected.
U.S Domestic Use of The Flowing Heart Logo™
A royalty must be paid for all qualifying apples grown on legally purchased or legally propagated Cripps Pink cv. trees planted in the United States that are sold domestically in the United States bearing the Flowing Heart Logo™ trademark. All apples sold with boxes or PLU stickers bearing the Pink Lady® Flowing Heart Logo™ must comply with all terms of the applicable Pink Lady® Flowing Heart Logo™ trademark license issued to the person or company using the trademark.
What Happens if I Used the Pink Lady® Brand or the Flowing
Heart Logo™ For Exports or Imports Without A License
You have to resolve any unlicensed use of the Pink Lady® Brand or the Flowing Heart Logo™ before you can be licensed under the trademarks. Pink Lady® America uses a separate Resolution Agreement to correct any unlicensed use before issuing the appropriate Pink Lady® Trademark License. You will have to pay more than the regular license fee to resolve past unauthorized use of the trademarks.
Can I Use “Cripps Pink” instead of the Pink Lady®
Brand?
Cripps Pink cv. is a varietal name, and is the name the Cripps Pink cv. variety is patented under in the United States. Cripps Pink cv. apples that are grown on legally purchased or legally propagated trees can be sold as “Cripps Pink” apples.
It is important to remember, however, that Cripps Pink cv. apples must remain designated as “Cripps Pink” throughout the entire distribution chain and can never be referred to as “Pink Lady®” apples, “Pink Lady® Brand” apples, or be sold in connection with the Pink Lady® Flowing Heart Logo™. This includes grocery stores, which cannot falsely label Cripps Pink cv. apples as “Pink Lady®” apples in their stores. Also, Cripps Pink cv. apples cannot be commingled with Pink Lady® Brand apples in the same bin in the grocery store if the bin is labeled “Pink Lady®”
Who is Licensed to use the Pink Lady®
and Flowing Heart Logo™ trademarks?
Pink Lady® America LLC licenses each step in the value chain. This includes growers, packers, shippers, importers and exporters. Vendors who service this value chain are also licensed, including box makers, PLU Sticker manufacturers, clamshell and bag manufacturers. It is Pink Lady® America’s goal that every use of the Pink Lady® trademark is a licensed use.
