modaz
Getting old, but nowhere near knackered, i just lo
The naming of a colouration, pattern (which is different to colouration), tail type or anything that would be considered original has to be done in one simple way but there are a few things that must be done before you are able to name this betta.
Firstly you need to be in possesion of and be able to give recorded statements from witnesses to verify that what you are claiming is fact, these should be done at the start of what you are trying to create by crossing bettas, again this is done at the end of crossing giving a detailed description of what has been created, this creation MUST have bred true thru 3 generations (2 bettas that produce atleast 80% of the same colouration/pattern/tail in their fry) this % is taken from the survivng fry records that the breeder should be keeping, again all records of anything to do with changes (additions, reductions of genetics) should also be recorded.
Once this is all done and you are the proud owner of a new betta then you are able to name it legally at no cost whatsoever, this is done by the means of media (media must be anything that is able to be accessed by the public at any given time, eg....websites.
Ok this is an example.........
Ive got 2 bettas, kept records as stated above that are signed witnessed by someone and i wish to associate the betta with my name, again another example "Charlie Bets", ive gone through the 3 geenrations and also have written proof that im now in possesion of a true breeding strain that is Halfsun, gold bodied, yellow anal and dorsal and a jet black tail. i know what an awesome betta that would be
and i wanted to call it "BETS BUMBLEBEE" then all i would need to do is actually publish this strain with all picture related to it to any website and put "bred by Charlie Bets" next to it, legally this name would now be mine but only if i can give written proof to this strain and how it was created and the date of the publishing is recorded as a permanent fixture.
BUT.... you find that after researching you come across a brand of black and yellow stripped cookies called " BET'S BUMBLEBEE COOKIES" you may think that this name is copyrighted...............WRONG, it isnt, because the general ethics states that even if this maker of the cookies wants to try and make you change the name, then you have a very strong chance that this claim will be rejected in a court of law due to the fact that your name is nothing to do with cookies, as long as you always put "BRED BY" after every insertion regarding this new betta and there is nothing that anyone can do about it, BUT, heres the big BUT
if you want to sell a betta that isnt your strain and you find the strain name for it and choose to add the strain name to it in the advert to sell this then the actual breeder of this strain is able to take you to court for royalties and will most prob win due to copyright, they can also take it further if they wanted too.
When advertizing a betta anywhere you are only legally allowed to use a description of colour/pattern and tail type of this betta. So to say that the betta your selling is an obvious black orchid, you can only say "black and blue" or black and green" betta with the hope that most people buying this will know what they are actually buying.
if you are importing you are only allowed to use the colour/pattern/tail description in all your adverts for these bettas, if you choose to name them with a name to UPSELL them then you are breaking the law, this is particular for bettas of a more solid nature and not those of a wash appearence but who's to know that the betta with the wash pattern hasnt already be published under an actual strain name? and youve suddenly called it "wishywash tiger"
when in fact it is legally called "Tigerplush" hmmmm i like that name , this is when you can get yourself in big trouble.
I dont claim to have known this info prior to writing this post but i knew a little of this ethics thingymajic and didnt realize that there was so much involved.
So now i will have to watch what i state in any of my listings. 
Firstly you need to be in possesion of and be able to give recorded statements from witnesses to verify that what you are claiming is fact, these should be done at the start of what you are trying to create by crossing bettas, again this is done at the end of crossing giving a detailed description of what has been created, this creation MUST have bred true thru 3 generations (2 bettas that produce atleast 80% of the same colouration/pattern/tail in their fry) this % is taken from the survivng fry records that the breeder should be keeping, again all records of anything to do with changes (additions, reductions of genetics) should also be recorded.
Once this is all done and you are the proud owner of a new betta then you are able to name it legally at no cost whatsoever, this is done by the means of media (media must be anything that is able to be accessed by the public at any given time, eg....websites.
Ok this is an example.........
Ive got 2 bettas, kept records as stated above that are signed witnessed by someone and i wish to associate the betta with my name, again another example "Charlie Bets", ive gone through the 3 geenrations and also have written proof that im now in possesion of a true breeding strain that is Halfsun, gold bodied, yellow anal and dorsal and a jet black tail. i know what an awesome betta that would be
and i wanted to call it "BETS BUMBLEBEE" then all i would need to do is actually publish this strain with all picture related to it to any website and put "bred by Charlie Bets" next to it, legally this name would now be mine but only if i can give written proof to this strain and how it was created and the date of the publishing is recorded as a permanent fixture.BUT.... you find that after researching you come across a brand of black and yellow stripped cookies called " BET'S BUMBLEBEE COOKIES" you may think that this name is copyrighted...............WRONG, it isnt, because the general ethics states that even if this maker of the cookies wants to try and make you change the name, then you have a very strong chance that this claim will be rejected in a court of law due to the fact that your name is nothing to do with cookies, as long as you always put "BRED BY" after every insertion regarding this new betta and there is nothing that anyone can do about it, BUT, heres the big BUT
if you want to sell a betta that isnt your strain and you find the strain name for it and choose to add the strain name to it in the advert to sell this then the actual breeder of this strain is able to take you to court for royalties and will most prob win due to copyright, they can also take it further if they wanted too.
When advertizing a betta anywhere you are only legally allowed to use a description of colour/pattern and tail type of this betta. So to say that the betta your selling is an obvious black orchid, you can only say "black and blue" or black and green" betta with the hope that most people buying this will know what they are actually buying.
if you are importing you are only allowed to use the colour/pattern/tail description in all your adverts for these bettas, if you choose to name them with a name to UPSELL them then you are breaking the law, this is particular for bettas of a more solid nature and not those of a wash appearence but who's to know that the betta with the wash pattern hasnt already be published under an actual strain name? and youve suddenly called it "wishywash tiger"
when in fact it is legally called "Tigerplush" hmmmm i like that name , this is when you can get yourself in big trouble.I dont claim to have known this info prior to writing this post but i knew a little of this ethics thingymajic and didnt realize that there was so much involved.
So now i will have to watch what i state in any of my listings.
