text:
X6D Limited v. Telepathy, Inc.
The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America.
The Respondent is Telepathy, Inc. of Washington, D.C., United States of America, represented by ESQwire.com Law Firm, United States of America.
The disputed domain name <xpand.com> is registered with Fabulous.com.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 8, 2010. On September 10, 2010, the Center transmitted by email to Fabulous.com a request for registrar verification in connection with the disputed domain name. On September 13, 2010, Fabulous.com transmitted by email to the Center its verification response, confirming that the Respondent is listed as the registrant and providing the contact details.
In accordance with paragraphs 2(a) and 4(a) of the Rules, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September 14, 2010. In accordance with paragraph 5(a) of the Rules, the due date for Response was October 4, 2010. The Response was filed with the Center on October 4, 2010 (US Eastern Time).
The Center appointed Brigitte Joppich, Dennis A. Foster and The Hon. Neil Brown QC as panelists in this matter on November 5, 2010. The Panel finds that it was properly constituted. Each member of the Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with paragraph 7 of the Rules.
The Complainant is a supplier of 3D solutions for multiplexes, small theaters, schools and home use.
The Complainant is registered owner of a United States trademark registration XPAND BEYOND CINEMA and design, filed on September 8, 2006 and registered on April 22, 2008, in connection with various goods and services in classes 9 and 41 (hereinafter referred to as the “XpanD Mark”). The Complainant also applied for registration of the trademarks XPAND and XPAND and design in 2010, claiming first use in commerce on September 8, 2006.
The disputed domain name was registered on June 25, 2003 and has been used in connection with a domain parking website showing sponsored links from third parties, inter alia, related to 3D glasses.
On July 28, 2010, the Complainant contacted the Respondent offering USD 10,000 for the disputed domain name. The Complainant’s offer was declined by the Respondent, which stated that it was looking for offers in the six-figure range.
(1) The Complainant states that the disputed domain name is identical to its trademarks XPAND and confusingly similar to its trademark XPAND BEYOND CINEMA.
(2) The Respondent has no rights or legitimate interests in the disputed domain name as it is not a licensee or otherwise authorized to use the Complainant’s trademarks, as the disputed domain name is not comprised of a generic word, as the Respondent is not known by the name “xpand”, and as the Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services but to receive pay-per-click revenue.
(3) The Complainant states that the disputed domain name has been used in bad faith for the following reasons: On its website at the disputed domain name, the Respondent requests a statement wherein the potential bidder for a domain name must agree that it has no legal claim to such domain name, therefore hindering third parties from making a good faith offer for that domain name. Furthermore, again according to its website, the Respondent is likely to ignore offers below USD 40,000 for a domain name. The Respondent’s use of the disputed domain name in connection with a website offering 3D glasses is supposed to constitute an infringement of the Complainant’s trademark rights. Finally, the Respondent is allegedly acting in bad faith by registering domain names in order to prevent trademark owners from reflecting their marks in corresponding domain names.
The Respondent denies the Complainant’s contentions. The Respondent asserts that it purchased the disputed domain name in June 2003 at an auction after its expiry because of its common intentional misspelling of the word “expand”.
Moreover, the Respondent claims extensive third party use of the term “xpand”, not only evidenced by the number of Google search results but also by the fact that there are eight registered United States trademarks incorporating the word “xpand” for a wide variety of goods and services.
The Respondent states that the Complainant does not have enforceable trademarks rights under the Policy as its first use of the term “xpand” post-dated the registration date of the disputed domain name by more than three years and as the Complainant failed to demonstrate common law trademark rights in the term “xpand”.
With regard to paragraph 4(a)(i) of the Policy, the Respondent states that the Complainant’s trademark and the disputed domain name are not confusingly similar.
With regard to the Respondent’s rights or legitimate interests, the Respondent states that the disputed domain name contains a common fanciful spelling of the word “expand” and an equivalent to such word, and that the registration of such domain name establishes a legitimate interest, provided the domain name was not registered with a trademark in mind. Furthermore, the Respondent states that the Complainant, through its USD 10,000 offer to purchase the disputed domain name, acknowledged the Respondent’s legitimate interest in the disputed domain name.
With regard to bad faith registration, the Respondent states that the Complainant did not start using the XpanD Mark until September 2006, more than three years after the Respondent registered the disputed domain name, and that the Respondent did not register, and could not have registered, the disputed domain name with the Complainant’s trademark in mind and had no knowledge of the Complainant, the Complainant’s website, the Complainant’s business name or trademark when it registered the domain name.
The Respondent also states that the disputed domain name has not been used in bad faith. The Respondent argues that the isolated link for 3D glasses was auto-generated and unintentional, and thus does not constitute any evidence that the Respondent acted in bad faith.
Furthermore, the Respondent states that the purported print-out of the Respondent’s website annexed as Exhibit E to the Complaint is misleading as it does not represent the page that appears to users when they arrive at the website to which the disputed domain name resolves but shows the results page that a user would see only after clicking on the 3D glasses link.
The Respondent finally requests a finding that the Complainant engaged in reverse domain name hijacking.
The first point to be dealt with is the late submission of the Response. Where a response is submitted late, paragraph 14(a) of the Rules requires a panel to proceed to its decision based on the complaint only unless “exceptional circumstances” exist. Also relevant are paragraph 10(b) of the Rules, which requires a panel to treat the parties fairly and equally, and paragraph 10(c) and (d) of the Rules, which allows a panel to extend time periods and to determine the admissibility, relevance, weight etc. of evidence.
In this case, the Response was only one day late and was received by the Center before the appointment of the Panel. The Panel will take the Response into consideration because the present proceedings will not be affected by the Respondent’s minor delay in filing the Response.
The disputed domain name consists of the term “xpand”, which is included in the Complainant’s trademark.
The fact that the Complainant’s trademark contains additional elements, namely the additional words “beyond cinema” and graphical elements, does not hinder a finding of confusing similarity. It is well established that the similarity between a trademark and a disputed domain name is neither eliminated by the fact that the trademark includes additional graphical elements (cf. Sweeps Vacuum & Repair Center, Inc. v. Nett Corp., WIPO Case No. D2001-0031; EFG Bank European Financial Group SA v. Jacob Foundation, WIPO Case No. D2000-0036; Delikomat Betriebsverpflegung Gesellschaft m.b.H. v. Alexander Lehner, WIPO Case No. D2001-1447; Sydney Markets Limited v. Nick Rakis trading as Shell Information Systems, WIPO Case No. D2001-0932) nor by the fact that the trademark includes additional generic elements which are not included in the disputed domain name (cf. Corcom, Inc. v. Jazette Enterprises Limited, WIPO Case No. D2007-1218: omission of the word “sports”; Shell Vacations LLC, Shell Vacations Club, L.P. v. Pluto Domain Services Private Limited/PrivacyProtect.org, WIPO Case No. D2008-1713: omission of the word “club”; Stanworth Development Limited v. Michael Rand, WIPO Case No. D2008-0158: omission of the word “online”).
Furthermore, it is well established that the specific top level domain name is generally not an element of distinctiveness that can be taken into consideration when evaluating the identity or confusing similarity between the complainant’s trademark and the disputed domain name (cf. Magnum Piering, Inc. v. The Mudjackers and Garwood S. Wilson, Sr., WIPO Case No. D2000-1525; Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429; Phenomedia AG v. Meta Verzeichnis Com, WIPO Case No. D2001-0374).
On balance, the Panel finds that the disputed domain name is confusingly similar to the Complainant’s trademark because the essence of the trademark is incorporated in the domain name (and also in the Panel’s view, some Internet users might think that the “xpand” part of the domain name is referring to the XPAND trademark).
Paragraph 4(c) of the Policy sets out three illustrative circumstances as examples which, if established by a respondent, shall demonstrate its rights to or legitimate interests in the domain name for purposes of paragraph 4(a)(ii) of the Policy, i.e.
(iii) the respondent is making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert customers or to tarnish the trademark or service mark at issue.
Even though the Policy requires the complainant to prove that the respondent has no rights or legitimate interests in the disputed domain name, it is the consensus view among UDRP panelists that a complainant has initially to make only a prima facie case to fulfill the requirements of paragraph 4(a)(ii) of the Policy. As a result, the burden of producing that the respondent has rights or legitimate interests in the disputed domain name will then shift to the respondent.
The Complainant contended that the Respondent has no rights or legitimate interests in the disputed domain name. The Panel finds that the Complainant has fulfilled its obligations under paragraph 4(a)(ii) of the Policy and has made out its prima facie case.
The Respondent denied the Complainant’s contentions, stating that the term “xpand” is generic and that the registration of such domain name establishes a legitimate interest. The Respondent further argued that the Complainant, through its USD10,000 offer to purchase the disputed domain name, acknowledged the Respondent’s legitimate interest in the disputed domain name.
The Panel considers the disputed domain name contains at its second level a single descriptive term. Many English words starting with “ex“ are commonly misspelled by omitting the “e” at the beginning, inter alia, “xtreme” (misspelling of “extreme”), “xchange” (misspelling of “xchange”), “xcess” (misspelling of “excess), “xact” (misspelling of “exact”), “xcel” (misspelling of “excel”), and so forth. In the Panel’s assessment, the public readily identifies the misspelled word in these cases. The Panel also notes that both parties are from the United States, and believes that the United States Patent and Trademark Office also considers the word “xpand” to be merely descriptive, finding more generally (in a different case) that a novel spelling of a merely descriptive term is merely descriptive as well if purchasers perceive the different spelling as the equivalent of the descriptive term.
Due to the commercial value of descriptive or generic domain names it has become a business model to register and sell such domain names to the highest potential bidder. Such a practice – including the sale of the domain name – has been found to constitute use of the domain name concerned in connection with a bona fide offering of goods or services provided that the registration of the domain name was not undertaken with intent to profit from or otherwise abuse a complainant’s trademark rights (cf. Allocation Network GmbH v. Steve Gregory, WIPO Case No. D2000-0016 (<allocation.com>); General Machine Products Company, Inc. v. Prime Domains (a/k/a Telepathy, Inc.), NAF Claim No. 92531 (<craftwork.com>); Shirmax Retail Ltd. v. CES Marketing Group, Inc., E-Resolution Case No. AF-0104 (<thyme.com>); CAR TOYS, INC. v. INFORMA UNLIMITED, INC., NAF Claim No. 93682 (<cartoys.net>); Robert Chestnutt v. Jennifer Tumminelli, WIPO Case No. D2000-1758 (<racegirl.com>); COMING ATTRACTIONS, LTD. v. COMINGATTRACTIONS.COM, NAF Claim No. 94341 (<comingattractions.com>); John Fairfax Publications Pty Ltd v. Domain Names 4U and Fred Gray, WIPO Case No. D2000-1403 (<financialreview.com>)).
Accordingly, the Panel finds in the circumstances of this case that the Respondent has a legitimate interest in the disputed domain name in this specific case due to its generic nature under paragraph 4(a)(ii) of the Policy.
The Respondent acquired the disputed domain name in 2003. The Complainant did not use the XpanD Mark until September 2006, more than three years after the Respondent registered the disputed domain name. The Complainant did not provide any explanation as to how the Respondent could possibly have been aware of the Complainant and the Complainant’s mark when registering the disputed domain name.
It is the common view among UDRP panelists that when a domain name is registered before a trademark right is established, the registration of the disputed domain name was generally not in bad faith because the registrant could not have contemplated the complainant’s non-existent right (cf. Question 3.1 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions; John Ode d/b/a ODE and ODE - Optimum Digital Enterprises v. Intership Limited, WIPO Case No. D2001-0074; Digital Vision, Ltd. v. Advanced Chemill Systems, WIPO Case No. D2001-0827; PrintForBusiness B.V v. LBS Horticulture, WIPO Case No. D2001-1182). There are certain exceptions to this rule, however, circumstances justifying an exception have not been brought to the Panel’s attention on the record of this case and are hardly conceivable given the fact that the registration of the disputed domain name precedes the Respondent’s use of its XpanD Mark by more than three years.
Accordingly, the Panel concludes that the third requirement of the Policy has not been established either. The Complaint must therefore fail in this regard as well.
In the present case, the Complainant did not provide any explanation as to how the Respondent could possibly have been aware of the Complainant and the Complainant’s mark when registering the disputed domain name, which occurred more than three years before the Complainant started using its XpanD Mark. The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith (cf. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297; Kur- und Verkehrsverein St. Moritz v. Domain Finance Ltd., WIPO Case No. D2004-0158).

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G.R. No. 174912, July 24, 2013 - BPI EMPLOYEES UNION-DAVAO CITY-FUBU (BPIEU-DAVAO CITY-FUBU), Petitioner, v. BANK OF THE PHILIPPINE ISLANDS (BPI), AND BPI OFFICERS CLARO M. REYES, CECIL CONANAN AND GEMMA VELEZ, Respondents.
BPI EMPLOYEES UNION-DAVAO CITY-FUBU (BPIEU-DAVAO CITY-FUBU), Petitioner, v. BANK OF THE PHILIPPINE ISLANDS (BPI), AND BPI OFFICERS CLARO M. REYES, CECIL CONANAN AND GEMMA VELEZ, Respondents.
Before the Court is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, assailing the April 5, 2006 Decision1 and August 17, 2006 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 74595 affirming the December 21, 20013 and August 23, 20024 Resolutions of the National Labor Relations Commission (NLRC) in declaring as valid and legal the action of respondent Bank of the Philippine Islands-Davao City (BPI-Davao) in contracting out certain functions to BPI Operations Management Corporation (BOMC).
BOMC, which was created pursuant to Central Bank5 Circular No. 1388, Series of 1993 (CBP Circular No. 1388, 1993), and primarily engaged in providing and/or handling support services for banks and other financial institutions, is a subsidiary of the Bank of Philippine Islands (BPI) operating and functioning as an entirely separate and distinct entity.
A service agreement between BPI and BOMC was initially implemented in BPI’s Metro Manila branches. In this agreement, BOMC undertook to provide services such as check clearing, delivery of bank statements, fund transfers, card production, operations accounting and control, and cash servicing, conformably with BSP Circular No. 1388. Not a single BPI employee was displaced and those performing the functions, which were transferred to BOMC, were given other assignments.
On January 1, 1996, the service agreement was likewise implemented in Davao City. Later, a merger between BPI and Far East Bank and Trust Company (FEBTC) took effect on April 10, 2000 with BPI as the surviving corporation. Thereafter, BPI’s cashiering function and FEBTC’s cashiering, distribution and bookkeeping functions were handled by BOMC. Consequently, twelve (12) former FEBTC employees were transferred to BOMC to complete the latter’s service complement.
During the LMC, BPI invoked management prerogative stating that the creation of the BOMC was to preserve more jobs and to designate it as an agency to place employees where they were most needed. On the other hand, the Union charged that BOMC undermined the existence of the union since it reduced or divided the bargaining unit. While BOMC employees perform BPI functions, they were beyond the bargaining unit’s coverage. In contracting out FEBTC functions to BOMC, BPI effectively deprived the union of the membership of employees handling said functions as well as curtailed the right of those employees to join the union.
BPI then filed a petition for assumption of jurisdiction/certification with the Secretary of the Department of Labor and Employment (DOLE), who subsequently issued an order certifying the labor dispute to the NLRC for compulsory arbitration. The DOLE Secretary directed the parties to cease and desist from committing any act that might exacerbate the situation.
The Bank created a Task Force Committee on November 20, 2000 composed of six (6) former FEBTC employees to handle the Cashiering, Distributing, Clearing, Tellering and Accounting functions of the former FEBTC branches but the “task force” conducts its business at the office of the BOMC using the latter’s equipment and facilities.
On December 21, 2001, the NLRC came out with a resolution upholding the validity of the service agreement between BPI and BOMC and dismissing the charge of ULP. It ruled that the engagement by BPI of BOMC to undertake some of its activities was clearly a valid exercise of its management prerogative.11 It further stated that the spinning off by BPI to BOMC of certain services and functions did not interfere with, restrain or coerce employees in the exercise of their right to self-organization.12 The Union did not present even an iota of evidence showing that BPI had terminated employees, who were its members. In fact, BPI exerted utmost diligence, care and effort to see to it that no union member was terminated.13 The NLRC also stressed that Department Order (D.O.) No. 10 series of 1997, strongly relied upon by the Union, did not apply in this case as BSP Circular No. 1388, series of 1993, was the applicable rule.
As to the applicability of D.O. No. 10, the CA agreed with the NLRC that the said order did not apply as BPI, being a commercial bank, its transactions were subject to the rules and regulations of the BSP.
Not satisfied, the Union filed a motion for reconsideration which was, however, denied by the CA.
THE PETITION BEFORE THE COURT OF APPEALS INVOLVED QUESTIONS OF LAW AND ITS DECISION DID NOT ADDRESS THE ISSUE OF WHETHER BPI’S ACT OF OUTSOURCING FUNCTIONS FORMERLY PERFORMED BY UNION MEMBERS VIOLATES THE CBA.
THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT DOLE DEPARTMENT ORDER NO. 10 DOES NOT APPLY IN THIS CASE.
The Union is of the position that the outsourcing of jobs included in the existing bargaining unit to BOMC is a breach of the union-shop agreement in the CBA. In transferring the former employees of FEBTC to BOMC instead of absorbing them in BPI as the surviving corporation in the merger, the number of positions covered by the bargaining unit was decreased, resulting in the reduction of the Union’s membership. For the Union, BPI’s act of arbitrarily outsourcing functions formerly performed by the Union members and, in fact, transferring a number of its members beyond the ambit of the Union, is a violation of the CBA and interfered with the employees’ right to self organization. The Union insists that the CBA covers the agreement with respect, not only to wages and hours of work, but to all other terms and conditions of work. The union shop clause, being part of these conditions, states that the regular employees belonging to the bargaining unit, including those absorbed by way of the corporate merger, were required to join the bargaining union “as a condition for employment.” Simply put, the transfer of former FEBTC employees to BOMC removed them from the coverage of unionized establishment. While the Union admitted that BPI has the prerogative to determine what should be done to meet the exigencies of business in accordance with the case of Sime Darby Pilipinas, Inc. v. NLRC,19 it insisted that the exercise of management prerogative is not absolute, thus, requiring good faith and adherence to the law and the CBA. Citing the case of Shell Oil Workers’ Union v. Shell Company of the Philippines, Ltd.,20 the Union claims that it is unfair labor practice for an employer to outsource the positions in the existing bargaining unit.
BPI argues that the case of Shell Oil Workers’ Union v. Shell Company of the Philippines, Ltd.,22 cited by the Union, is not on all fours with the present case. In said case, the company dissolved its security guard section and replaced it with an outside agency, claiming that such act was a valid exercise of management prerogative. The Court, however, ruled against the said outsourcing because there was an express assurance in the CBA that the security guard section would continue to exist. Having failed to reserve its right to effect a dissolution, the company’s act of outsourcing and transferring security guards was invalidated by the Court, ruling that the unfair labor practice strike called by the Union did have the impression of validity. In contrast, there is no provision in the CBA between BPI and the Union expressly stipulating the continued existence of any position within the bargaining unit. For BPI, the absence of this peculiar fact is enough reason to prevent the application of Shell to this case.
BPI likewise invokes settled jurisprudence,23 where the Court upheld the acts of management to contract out certain functions held by employees, and even notably those held by union members. In these cases, the decision to outsource certain functions was a justifiable business judgment which deserved no judicial interference. The only requisite of this act is good faith on the part of the employer and the absence of malicious and arbitrary action in the outsourcing of functions to BOMC.
On the issue of the alleged curtailment of the right of the employees to self-organization, BPI refutes the Union’s allegation that ULP was committed when the number of positions in the bargaining was reduced. It cites as correct the CA ruling that the representation of the Union’s prospective members is contingent on the choice of the employee, that is, whether or not to join the Union. Hence, it was premature for the Union to claim that the rights of its prospective members to self-organize were restrained by the transfer of the former FEBTC employees to BOMC.
Clearly, only gross violations of the economic provisions of the CBA are treated as ULP. Otherwise, they are mere grievances.
As far as the twelve (12) former FEBTC employees are concerned, the Union failed to substantially prove that their transfer, made to complete BOMC’s service complement, was motivated by ill will, anti-unionism or bad faith so as to affect or interfere with the employees’ right to self-organization.
It is to be emphasized that contracting out of services is not illegal per se. It is an exercise of business judgment or management prerogative. Absent proof that the management acted in a malicious or arbitrary manner, the Court will not interfere with the exercise of judgment by an employer.32 In this case, bad faith cannot be attributed to BPI because its actions were authorized by CBP Circular No. 1388, Series of 199333 issued by the Monetary Board of the then Central Bank of the Philippines (now Bangko Sentral ng Pilipinas). The circular covered amendments in Book I of the Manual of Regulations for Banks and Other Financial Intermediaries, particularly on the matter of bank service contracts. A finding of ULP necessarily requires the alleging party to prove it with substantial evidence. Unfortunately, the Union failed to discharge this burden.
Much has been said about the applicability of D.O. No. 10. Both the NLRC and the CA agreed with BPI that the said order does not apply. With BPI, as a commercial bank, its transactions are subject to the rules and regulations of the governing agency which is the Bangko Sentral ng Pilipinas.34 The Union insists that D.O. No. 10 should prevail.
The Court is of the view, however, that there is no conflict between D.O. No. 10 and CBP Circular No. 1388. In fact, they complement each other.
In the case at bench, the Union submits that while the Central Bank regulates banking, the Labor Code and its implementing rules regulate the employment relationship. To this, the Court agrees. The fact that banks are of a specialized industry must, however, be taken into account. The competence in determining which banking functions may or may not be outsourced lies with the BSP. This does not mean that banks can simply outsource banking functions allowed by the BSP through its circulars, without giving regard to the guidelines set forth under D.O. No. 10 issued by the DOLE.
Thus, the subject functions appear to be not in any way directly related to the core activities of banks. They are functions in a processing center of BPI which does not handle or manage deposit transactions. Clearly, the functions outsourced are not inherent banking functions, and, thus, are well within the permissible services under the circular.
Please take notice that on July 24, 2013 a Decision, copy attached herewith, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on July 29, 2013 at 1:45 p.m.
(f) providing general support services, such as purchasing of bank forms, equipment and supplies; messengerial, janitorial and services; necessary budget and expense accounting, and other similar services.
6. The bank shall continue to comply with all laws and regulations, covering the activities performed by the Service Bureau for and in its behalf such as, but may not be limited to, keeping of records and preparation of reports, signing authorities, internal control, and clearing regulations."
"(11) Bank service corporations all of the capital of which is owned by one or more banks and organized to perform for and in behalf of banks the services enumerated in Section 1177."
45 Id.; Art. 106, Labor Code of the Philippines.


Summary: America Online v. AT&T.
America Online, Inc. v. AT&T Corporation, U.S. District Court, Eastern District of Virginia, Case No. 98-1821-A.
Nature of the Case. Both AOL and AT&T provide Internet access, including e-mail services, to their customers. AOL has been using, for varying lengths of time, the words "YOU HAVE MAIL", "YOU'VE GOT MAIL", "BUDDY LIST", and "I M", as well as the mailbox logo. In December of 1998, AT&T began using these same words and logo in connection with its e-mail service. AOL was upset, and filed suit in federal court alleging various trademark and unfair trade competition claims.
Plaintiff. Online service provider America Online, Inc.
Defendant. Telecommunications giant AT&T Corporation, which provides, among other things, the AT&T WorldNet Service.
(1) Federal Trademark Dilution under 15 § U.S.C. 1125(c) (YOU HAVE MAIL, mailbox logo, and YOU'VE GOT MAIL).
(2) Federal Trademark Dilution under 15 U.S.C. § 1125(c) (IM and BUDDY LIST®).
(3) Trademark Infringement under 15 U.S.C. §1114 (BUDDY LIST®).
(4) Unfair Competition and False Designation of Origin under 15 U.S.C. §1125(a) (You Have Mail!).
(5) Unfair Competition and False Designation of Origin under 15 U.S.C. §1125(a) (I M Here and Buddy List).
(6) Unfair Competition and False Designation of Origin under 15 U.S.C. § 1125(a) (Overall impression).
(7) Interference with Prospective Economic Advantage.
AT&T denied that AOL is entitled to any relief, and counterclaimed for a declaratory judgment. AT&T requested the Court to declare that YOU HAVE MAIL, YOU'VE GOT MAIL, IM, BUDDY LIST®, and the mailbox drawing are generic, and hence not protected trademarks. Also, AT&T asked that the Court declare that AT&T's use of the marks does not create the overall impression that protected marks are being violated.
Status. Suit was filed in late December, 1999. AOL sought, but was denied, an emergency temporary restraining order. On August 13, 1999, Judge Hilton granted AT&T's motion for summary judgment, ruling that YOU HAVE MAIL, IM, and BUDDY LIST are generic, and that AOL's trademark registration for BUDDY LIST is cancelled. AOL has appealed the ruling.
12/22/98. AOL filed its original Complaint, Motion for Temporary Restraining Order, and supporting pleadings.
12/24/99. AOL's Motion for TRO denied.
1/11/99. AT&T filed its Answer and Counterclaim.
1/19/99. AOL filed its Amended Complaint.
1/29/99. AT&T filed its Answer and Counterclaim to AOL's Amended Complaint.
2/29/99. AOL filed its Reply to AT&T's counterclaim.
5/7/99. AT&T filed its Motion for Summary Judgment, and supporting pleadings.
8/13/99. Judge Hilton issued his Order and Memorandum Opinion granting AT&T's Motion for Summary Judgment.
8/17/99. AOL filed its Notice of Appeal.
Everett Johnson, Alice Fisher, and Minh Vu, of the law firm of Latham & Watkins, 1001 Pennsylvania Avenue, NW, Suite 1300, Washington, DC, 20004-2505, 202-637-2200.
In house counsel: Randall Boe, Laura Jehl, James Bramson, America Online, Inc., 22000 AOL Way, Dulles, Virginia 20166-9232, 703- 265-1428.
James Rosini, Edward Colbert, Brian Mudge, and William Merone, of the law firm of Kenyon & Kenyon, 1075 Connecticut Ave., NW, Washington, DC, 20036-5405.
U.S. District Court, Eastern District of Virginia, at Alexandria, Albert V. Bryan Courthouse, 401 Courthouse Square, Alexandria, VA, 22314-5798. This court has no website.
Judge Claude M. Hilton has been assigned to decide pretrial motions. Alexandria Courthouse, 8th Floor.
Office of the Clerk of the Court, 703-299-2177.


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70054.14 (W) Manzano Mtns, NM, 9000ft, 2743m. Fragrant seed heads, flowers unseen, should be pink to rose.
70744.06 Ex Chihuahua, MX, 7000ft. Long spikes of soft lavender-pink flowers. Intensely scented.
74832.04 A vast improvement over the species, forming strong clumps of semi-glossy foliage with a stronger mint fragrance. Deep blue spikes appear from mid-summer into fall. Originated in Korea.
09025.16 (W) Rosarito, Baja, MX. Fierce, broad teeth along the leaf margins rendering an undulate appearance.
10690.16 Big, reddish, cow-horn teeth on light green rosettes, the new center leaves with a satiny sheen.
12254.16 (W) Tuzanapa, Hidalgo, MX. Beautiful ghostly-white, glaucous rosettes of wide leaves.
12357.16 (W) Gila Co., AZ, 4100ft, 1250m. Grayish-green, succulent rosettes with huge branched inflorescences of golden yellow, up to 20 feet tall (61 dm).
12870.13 (W) Morelia, Michoacan, MX. Beautiful shiny rosettes, strongly bud-imprinted with copper-colored teeth.
15430.16 (W) El Tephe, Hidalgo, MX. Stiff green rosettes of long leaves with sinuous margins.
32741.10 (W) Eddy Co., NM, 5750ft, 1753m. Essentially a dwarf form of A. neomexicana. Grayish-green rosettes which bloom in late summer.
45670.16 (W) Escuinapa, MX. Symmetrical rosettes of thick leaves distinctively bud-imprinted.
54212.37 (W) Brewster Co., TX, 4900ft, 1494m. Narrow dagger stems with dark, etched patterning. This collection, from the Glass Mtns, is probably one of the hardiest populations.
56013.16 (W) Conceptión del Oro, MX, 3000m. A high montane sp. in Mexico with formidable teeth on very rigid, broad, long-pointed leaves.
61076.19 (W) Perote, VC, MX. Small rosettes heavily armed with teeth. Dark reddish flowers.
70056.16 (W) Cochise Co., AZ, 5100ft, 1555m. Pale or glaucous green, lightly-banded rosettes with rows of short teeth.
The hardiest population I've found, in coniferous forests near Flagstaff, which experiences considerable wind and cold with drifting and blowing snow during the winter. Rosettes of silver-gray.
70655.16 (W) Las Vigas, MX. Glaucous, yellowish-green rosettes with fine rows of reddish-brown teeth.
76610.16 (W) Santa Rosalia, BCS. Attractive glaucous-gray rosettes with conspicuous dark bands.
78478.19 (W) Rancho Tambor, Oaxaca, MX. Stunning rosettes in glaucous, alabaster white.
78685.18 (W) Maricopa Co., AZ, 3500ft, 1067m. Dense, thickly-clustering, filiferous rosettes.
87804.11 (W) Clark Co., NV, 4000ft, 1220m. Long (2" - 4") apical spines and short, blunt, ivory teeth on the leaves. Compact, clustering rosettes.
72845.15 (W) Hida Reg., Japan, 750m. A beautiful, deciduous, woody climber of five-fingered, palmate leaves. The light purple flowers have cupped petals and are borne separately, but on the same vine (monoecious). The 1-1/2” female flowers are on the lower part of the racemes, with the smaller male flowers higher up. The dark purple to brown, oblong fruit is about 2"-3" long.
78820.08 Ex cult. Japan. Similar to A. quinata but with tri-fingered, undulating and toothed foliage. Smaller flowers but larger fruit over 5" (12 cm) long, typically deep blue-purple.
Allium acuminatum (Liliaceae) (20x6,Z5,C,L,3:8w) ..................................................... 100 seeds / $3.50 01285.28 (W) Wallowa Co., OR, 4600ft, 1402m. Bright violet-lavender heads about 2 inches in diameter here clambering on the canyon walls of Hells Canyon.
Allium atrorubens v. cristatum (Liliaceae) (4x8,Z6,P,C,3:8w) .................................. 30 seeds / $3.50 07871.10 (W) Inyo Co., CA, 5700ft, 1738m. Pale pink umbels lying on the granite sands of the Mojave Desert.
Allium bisceptrum (12x10,Z5,P,C,3:8w) .................................................................... 30 seeds / $3.50 10476.15 (W) Mono Co., CA, 8500ft, 2591m. Flowers not seen here but this is the only Allium reported from this area. Flowers should be rosy-purple.
52075.07 Over two long and wide, gray-blue leaves erupt stout stems bearing globular heads of lavender-gray flowers. Handsome sp. from Turkestan.
Allium parvum (5x7,Z4,P,L,3:6w) ................................................................................. 50 seeds / $3.00 30456.18 (W) Blaine Co., 6700ft, 2043m. The tiniest Allium with heads of violet. Was listed as Allium sp. (Galena, ID).
Allium tribracteatum (2x6,Z7,P,C,3:8w) ................................................................. 50 seeds / $4.00 78763.11 (W) Tuolumne Co., CA, 5400ft, 1646m. An exceptionally dwarf Allium with pale pink to purplish-pink flowers in small heads. Best effect en masse.
54658.05 Heavily-spined rosettes with comparatively huge racemes of coral to salmon flowers.
76124.14 Plants resemble cobblestones. Small midline-striped flowers.
78358.10 (= Deilanthe). Ex Sutherland. Tongues of smooth, velvety, greenish-blue leaves and large lemon flowers.
90454.00 Ex Nelswerwe, Loeriesfontein. Stunning miniature covered with white tubercles. Clear yellow flowers.
90456.09 Ex Middlepos, Northern Cape Province, RSA. Outstanding mats of cupped, upright leaves covered with bright yellow, white-eyed flowers. Original plants growing on a high, very cold plateau of the Great Karoo; possibly a new species.
70746.13 (W) Turkey, Ala Dag, 2100m. Dwarf gray-green cushions explode into compact racemes of yellow in the spring. Nice Turkish native.
35810.16 This Ozark native has steel blue flowers and thready foliage which turns to a golden color in the fall.
50659.35 (W) Mohave Co., AZ, 4950ft, 1509m. Mature specimens bear 50 to 100 upright stems with ovate-lanceolate leaves of a deep, soft green. Heads of pale blue, long-tubed flowers.
70221.70 (W) Coconino Co., AZ, 4700ft, 1433m. Mature plants are bright green due to the shining narrow leaves on scores of stems from a woody crown. The corolla lobes are white shading to tubes of purple. Infrequently found only on red sandstone Moenkopi formation.
78011.06 A clumping perennial with willow-like leaves and numerous pyramidal clusters of large, pale-blue, star-like flowers with white throats. An Ozark native.
Amsonia tomentosa (Apocynaceae) (35x50,Z5,P,C,1) .................................................. 40 seeds / $4.00 78656.14 (W) Garfield Co., UT, 4750ft, 1450m. Multitudes of decumbent stems radiate from a central rootstalk clothed with linear, silvery-haired leaves. Basal clusters of pale-blue, tubular flowers appear in late spring. Growing in pink sand.
Androsace chamaejasmae ssp. carinata (Primulaceae) (4x15,Z3,P,L,3:8w) ................ 90 seeds / $4.00 12352.25 (W) Teller Co., CO, 12000ft, 3658m. Small mats of tiny, hairy rosettes bear numerous white, yellow-eyed flowers fading to rose. Grows in exposed alpine tundra on a granite substrate.
Androsace hausmannii (Primulaceae) (2x7,Z4,P,L,3:8w) ............................................. 30 seeds / $4.00 35091.16 (W) Dolomites, 7216ft, 2200m, Italy. Small hummocks of fleshy, downy, gray-green leaves with soft pink flowers. Makes choice specimens for the alpine house. Calciphile.
Androsace helvetica (Primulaceae) (3x20,Z4,P,L,3:8w) ............................................... 60 seeds / $4.00 35254.16 (W) Dolomites, 7400ft, 2256m, Italy. Tight, compact cushions layered with dense, gray hairs are covered with white, yellow-throated, sessile flowers. A challenging calciphile for the alpine enthusiast.
10743.28 (W) Grand Co., UT, 4400ft, 1341m. (= Brodiaea breviflora.) Few-flowered umbels of pale purple flowers, veined blue-purple.
28749.14 (W) Custer Co., ID, 9800ft, 2988m. A Draba cousin with hairy rosettes and white flowers. The fruits are relatively huge, often over 1” long which split at the bottom and resemble a flying Dutchman’s hat. Infrequent dweller of limestone screes.
Anemone baldensis (Ranunculaceae) (18x12,Z6,P,L,3:6w) ........................................ 40 seeds / $3.50 10054.11 (W) Dolomites, Italy, 7200ft, 2200m. Finely-lobed tufts sprout numerous white-petalled flowers, sometimes tinged pale pink or violet.
Anemone drummondii (Ranunculaceae) (6x10,Z5,P,L,3:8w) ................................... 100 seeds / $4.00 15748.41 (W) Mono Co., CA, 9650ft, 2942m. Exquisite, multi-petaled white flowers, colored glacial blue on the petal reverses, erupt early in spring over dwarf mounds of dissected, hairy foliage.
61213.35 (W) Jackson Co., OR, 7500ft, 2287m. Bold clumps of laciniate foliage produce bowl-shaped creamy flowers. Silky seedheads like woolly mops 3" to 4" long. On steep, N-facing slopes.
78810.10 (W) Maricopa Co., AZ, 2300ft, 701m. Flowers not seen here but are typically in cream to pink shades over lacy foliage.
76012.04 Perhaps one of the most attractive in this genus with finely-divided leaves, the basal ones showing some pink and white variegation. Umbels of white flowers. Monocarpic, but offsets.
05473.13 Large, bright blue, nodding flowers over biternate leaves. From the European Alps.
05605.13 Biternate leaves, hairy underneath, with nodding flowers whose sepals are pale violet and the sepals white. Uncommon species from the Balkans.
07874.07 Nodding, very dark purple flowers over blue-green foliage. From Japan.
12350.14 (W) Eddy Co., NM, 5000ft, 1524m. Essentially a dwarfer and more delicate form of Aquilegia chrysantha. Butter-yellow, straight-spurred flowers grace lacy foliage near seeps and waterfalls in the Chihuahuan Desert.
12358.26 (W) Graham Co., AZ, 8500ft, 2591m. Floriferous, robust globes of cut foliage covered with solid goldfinch-yellow flowers. Growing in the dappled shade of white firs at an even higher location than our previously-offered New Mexico population.
29445.14 (W) Siskiyou Co., CA, 5900ft, 1800m. Robust, viscid plants bearing red and yellow flowers (not seen but reported from this area.) On a rocky E-facing slope of serpentine.
Aquilegia flabellata v. pumila fl. pl. (15x12,Z4,P,L,3:4w) .............................................. 40 seeds / $4.00 30539.00 Blue and white semi-double flowers over waxy, blue-green, fan-shaped leaves. From Japan.
Aquilegia flabellata v. pumila 'Rosea' (15x12,Z4,P,L,3:4w) .......................................... 40 seeds / $4.00 30540.00 Lovely rosy-pink and cream flowers adorn dwarf tufts of waxy, blue-green leaves. From Japan.
30674.25 (W) Tulare Co., CA, 8500ft, 2591m. A vigorous form here with numerous, well-branched stems and many red flowers with short, straight spurs. Near a seep in the southern Sierra Nevadas.
56058.14 (W) Siskiyou Co., CA, 2200ft, 670m. Cinnamon bark, blue-green leaves, purplish berries.
05687.14 A Russian species with 5 large leaflets and greenish-purple spathes with paler stripes.
30541.05 Small greenish-yellow flowers and palmate leaves. Bone hardy species from China.
Arisaema japonicum (Araceae) (80x40,Z5,P,C,4:8w) ............................................... 20 seeds / $5.00 50070.30 (W) Mino Region, Japan, 70m. From a thick, underground tuber sprouts a single, huge, palmately-divided leaf. Flowers are borne on a club-shaped spadix surrounded by a dark-colored spathe all overhung by a very long tapering blade.
Arisaema japonicum v. atropurpureum (80x40,Z5,P,C,4:8w) .................................. 20 seeds / $7.00 50071.10 (W) Sapporo, Japan, 20m. Very dark purple spathes.
87407.28 (W) Tanabe, Kii Peninsula, Japan, 120m. Over a solitary palmate leaf sprouts a bronze-purple spathe with a long, tail-like tip arching over the spadix.
96056.28 (W) Hida Region (Gifu Pref.), Japan, 360m. This "Dragonroot" sprouts two huge palmate leaves from an underground tuber and a single flower atop a tall stem. The spathe is green with a very long acuminate blade, yellowish inside and densely papillose.
12032.07 Dense tufts of narrow, dark-green foliage become studded with short-stemmed, light-pink pom-flowers in the spring.
30744.15 (W) Sublette Co., WY, 7000ft, 2135m. Condensed mats of incised silver-gray.
70216.18 (W) Johnson Co., WY, 4750ft, 1448m. Choice, dwarf, matted subshrubs only a couple of inches high with thready, bluish-gray leaves and short spikes of non-descript flowers.
Asarum caudatum (Aristolochiaceae) (6x20,Z6,P,L,4:12w) ...................................... 30 seeds / $4.00 12081.11 (W) Linn Co., OR, 4600ft, 1402m. Unmarbled, deep green leaves with sparse, short hairs and fragrant of ginger spice. Maroon flowers with long tapering lobes.
07426.17 (W) Yuma Co., CO, 3500ft, 1067m. Oblong leaves on short stems bear yellow and green flowers.
Asclepias cryptoceras (Asclepiadaceae) (20x24,Z5,P,SL,4:4w) ................................... 20 seeds / $5.00 12749.11 (W) Carbon Co., UT, 5650ft, 1720m. Large, striking flowers of purplish-maroon coronas and reflexed cream petals in pendant cymes. Found on S-facing slopes of sandy-clay soil.
27446.20 (W) San Diego Co., CA, 4800ft, 1463m. The large, ovate leaves are covered with a fine layer of wool and the cream-colored flower clusters are sometimes tinted pink to pale purple.
76654.16 (W) Trinity Co., CA, 4850ft, 1478m. Has a trailing habit, unlike A. cryptoceras, as the stems creep along the ground with slightly wavy, olive-green, finely-hairy, cordate leaves. Several stems radiate from a caudex, each bearing flower umbels of reflexed purple corollas and tan-yellow hoods. On W-facing barren serpentine slopes.
90276.15 (W) Fresno Co., CA, 4600ft, 1402m. Cream fls with purple-pink coronas. Pubescent leaves.
58478.05 Ex Anatolia, Turkey. Mats of dark green foliage covered with sessile masses of pale pink to rosy-pink flowers.
07427.28 (W) Fremont Co., WY, 6900ft, 2104m. Beautiful silver woolly cushions of tiny trifoliolate leaves. Vivid pink-violet flowers are held just above the foliage in masses. One of the best in the genus. On crumbling cliffs of sandy gypsum.
12054.33 (W) Inyo Co., CA, 7300ft, 2225m. Small, pale purple flowers are followed by curved pods. Rounded, loose hummocks of chalky, pinnate foliage.
12965.15 (W) Emery Co., UT, 7000ft, 2134m. Tiny tufts of pinnate, silvery leaves and purplish pea-flowers, followed by furrowed pods.
15740.49 (W) Sublette, WY, 6900ft, 2104m. Small, silvery-gray cushions with short scapes of small purple flowers.
56476.17 (W) Fremont Co., CO, 6600ft, 2012m. Very striking deep violet flowers over silver-gray, pinnate tufts.
Astragalus newberryi v. castoreus (3x7,Z4,P,SC,1) .............................................. 30 seeds / $4.00 58292.41 (W) Lander Co., NV, 7740ft, 2360m. Dwarfer, woolier plants here growing on fractured rhyolite.
54456.16 Clump-forming perennial whose basal leaves are oblong and undulate. Densely-packed spikes of violet-blue. Balkans.
70459.07 Dwarf gray-green mats of pubescent, narrow, toothed leaves cover themselves with purple flowers on 2" scapes. Turkey.
46812.20 (W) Lewis Co., ID, 3700ft, 1128m. White, slashed, felted leaves bear large yellow flowers.
76042.23 (W) La Plata Co., CO, 8200ft, 2500m. The ubiquitous yellow daisy found on mountain slopes and meadows. The luxurious rosettes of large, apple-green, arrow-shaped leaves, felted white underneath, bear numerous scapes in late spring. Extremely long-lived once established.
78750.11 (W) Eddy Co., NM, 3700ft, 1128m. Shrubs with spiny blue-green leaves and red berries.
70885.17 Prickly leaves with large mauve flowers. Drakensberg, South Africa.
32541.40 (W) Santa Cruz Co., AZ, 5000ft, 1524m. Small bushes with dark green, sparsely-hairy leaves and terminal clusters of bright scarlet-orange, honeysuckle-like, tubular flowers.
78284.14 (W) Jeff Davis Co., TX, 5600ft, 1707m. Woody subshrubs bear terminal heads of up to a dozen 2” long tubular bright scarlet flowers with slightly-flaring lobes. The stiff leaves are borne in whorls of 3 or 4. Hopes are high this spectacular native of the Chihuahuan Desert will prove hardy farther north.
70747.19 Flowers with pale green petals and a halo of brown-red and yellow.
32474.05 Ex Chile, 3400m. Silky, silvery tufts of linear leaves bear dense clusters of white to pink flowers.
87611.19 Open, round flowers in neon magenta-pink. Sparsely-hairy, linear foliage.
10450.11 (W) Patagonia, Chile. Clustered basal rosettes bear yellow, red-spotted pouches.
47890.14 Cupped flowers of shimmering claret unfurl along runners of deep-green, fingered leaves.
07610.13 (W) Yavapai Co., AZ, 5900ft, 1799m. Similar to C. nuttallii and considered by some to be merely a variety of it. This population has pale lavender flowers and basal hairs with enlarged apices.
10760.15 (W) Inyo Co., CA, 7900ft, 2408m. Cream cups with lilac tinges and purple nectary arches.
Calochortus clavatus (15x8,Z7,P,C,3:8w) ....................................................................... 80 seeds / $3.50 12544.10 (W) Santa Barabara Co., CA, 3000ft, 915m. Deep yellow bowls with a squiggly reddish line delineating the throat area with numerous hairs. Late blooming.
58294.05 Summer-flowering bulb from Central Asia with dainty, bright pink umbels.
54290.17 (W) Albany Co., WY, 10500ft, 3201m. Shining, snow white flowers with a boss of yellow stamens over ovate leaves. Early alpine bloomer in vernally moist meadows.
08323.05 Ex North Anatolia, Turkey, 2400m. Dense tufts of spatulate leaves bear numerous erect, inch-wide, solitary blue-violet bells on short stems.
12695.05 Ex Turkey, 2200m. Dense tufts of leathery, ovate, coarsely-toothed, pubescent leaves with nice panicles of lilac-blue bell-flowers. Choice.
Campanula piperi (Campanulaceae) (3x12,Z5,P,L,3:8w) ............................................... 100 seeds / $6.00 70490.12 (W) Clallam Co., WA, 6200ft, 1890m. This superlative 'harebell' forms tufted mats of glossy, sharply-toothed leaves. Upward-facing lavender-blue blossoms are borne on short scapes. On crumbling, E-facing volcanic ledges and cracks.
74047.04 Ex Paso Croce Domini, Italy, 2200m. Exquisite miniature of grayish leaves and upturned bells of pale blue. Found on limestone screes.
56432.10 Spreading shrubs covered with yellow pea-flowers.
12693.18 (W) Yoro Mtns, Japan, 90m. Stout stems with cordate, whorled leaves, bearing mildly fragrant, creamy lilies with reddish-brown speckling and pale yellow throats. Striking.
12694.18 (W) Sapporo, Japan, 65ft, 20m. A more robust and taller form of C. cordatum with somewhat larger leaves and more flowers.
12542.06 Wonderful soft blue mounds over gray-green foliage in late summer. The seed heads remain ornamental through the winter. Prune each spring to about a foot. Comes true from seed.
74627.14 (W) Eddy Co., NM, 4800ft, 1463m. Shrubby mounds of stiff paired leaflets bear capitate clusters of yellow to orange pea-flowers, often intricately-veined. Growing on rocky limestone soil.
12363.38 (W) Mesa Co., CO, 4800ft, 1463m. The typical, more upright form here but with the same fiery-red flower spikes as C. scabrida. On dry hills of sandy clay.
32745.11 (W) Otero Co., NM, 6500ft, 1982m. Dense shrubs with ovate, veined leaves and umbels of whitish flowers. On W-facing slopes of crumbling limestone.
90274.10 (W) Chelan Co., WA, 3500ft, 1067m. Vigorous bushes with serrated leaves and snow-white clouds.
07471.06 Slowly-creeping cushions of dense wool look wonderful squeezing between rocks. Hundreds of single white flowers in the spring.
12079.15 White-woolly, caespitose mats with white flowers. Mountains of Greece.
63212.24 (W) Shasta Co., CA, 3500ft, 1067m. These handsome small trees with heart-shaped leaves are smothered with purple-pink pea-flowers in early spring followed by masses of flat pods.
47878.33 (W) Uintah Co., UT, 8100ft, 2470m. Dense shrubs of intricately-branched stems clothed with linear, incurved leaves. Insignificant flowers are followed by clouds of long-tailed plumes.
54236.28 (W) Johnson Co., WY, 6000ft, 1829m. Gray-green shrubs with stiff, narrow, inrolled leaves. On hills of red sandstone. Considerably dwarfer than the Idaho forms.
76125.37 (W) Montrose Co., CO, 6900ft, 2104m. Compact stacks of tiny round or heart-shaped gray leaves produce a few relatively huge white & pink pin-cushion flowers.
00002.19 Ex Krugerskraal, South Africa. New emerald-green growth sprouts in the spring from blue winter tufts. Practically everblooming bright yellow flowers.
87612.35 (W) Linn Co., OR, 3800ft, 1158m. "Western Prince's Pine." Whorled leathery leaves are crowned with a nodding raceme of pink flowers.
12674.37 (W) Bernalillo Co., NM, 10400ft, 3171m. (= C. pseudoalpina.) Small vine which climbs when it can, trails when it must, on steep, W-facing limestone cliffs and slopes. Lovely bluish-purple pendant flowers.
35470.40 (W) Custer Co., ID, 8550ft, 2606m. Dark blue-purple, pendant lanterns unfurl over dissected, hirsute foliage. On N-facing slopes of eroded rhyolite.
76782.14 (W) Hida Reg., Japan, 750m. Large panicles of pale purple-blue bells, the outside white-tomentose.
78296.17 (W) Mino Reg., Japan, 262ft, 80m. Vigorous vines with starry, fragrant, white flowers.
15331.16 (W) Custer Co., ID, 8200ft, 2500m. Attractive, non-viscid, gray-green rosettes whose individual leaves are deeply three-lobed. Heads of white to pale pink flowers. Runs stoloniferously through its native limestone scree.
Coluteocarpus vesicaria (Brassicaceae) (8x10,Z5,P,L,3:6w) .......................................... 40 seeds / $3.50 90296.11 (W) Palandoken, Turkey, 9180ft, 2800m. Caespitose rosettes bearing several stems each with capitate racemes of pale pink to white flowers. Beautiful rock garden plant.
56098.13 Tufts of cordate, hairy leaves bear umbels of pink bell-flowers.
Coryphantha echinus (Cactaceae) (10x8,Z5,P,L,2) ................................................... 40 seeds / $3.50 23235.15 (W) Pecos Co., TX, 3500ft, 1067m. JRT4151 Bright white spines with long, single, straight centrals thick enough to obscure the stems. Rather large yellow flowers.
Coryphantha macromeris (22x60,Z5,P,L,3:6w) ............................................................. 30 seeds / $3.00 56033.21 (W) Pecos Co., TX. JRT4161 Big, flabby, nippled stems 3" around that clump with time into mounds over two feet across. Light purple blossoms with ciliated petals.
76133.15 (W) Pecos Co., TX, 3200ft, 976m. JRT4171 Huge stems with prominent, flabby tubercles. Large, burnt-yellow flowers.
Coryphantha sulcata (Cactaceae) (10x8,Z5,P,L,2) ......................................................... 30 seeds / $3.50 76874.01 Ex Thompson cult. TC032 Multi-clumping stems with white spines. Large, bright yellow flowers with deep red throats.
08764.13 Ex Grünau, Namibia. A recent discovery (described in 1998, see CSSA, Vol. 71, No. 2). The triangular leaves are tightly packed and are covered with crystalline tubercles, tipped rusty red.
12676.10 (W) Millard Co., UT, 5700ft, 1738m. Spikes of white, yellow-centered flowers above bristly, grayish buns. On limestone flats. One of the choicest and most compact in the genus.
15685.16 (W) Elko Co., NV, 6500ft, 1982m. Very dwarf gray-green rosettes bear white flowers.
12478.15 (W) Mono Co., CA, 11400ft, 3476m. The dwarfest of those listed here, with twice-pinnate, roughly-hairy leaves in tufts and white flower heads. On E-facing slopes of dolomite.
56678.17 (W) Fremont Co., CO, 6000ft, 1829m. Pinkish flower heads over bluish, glaucous leaves. In sandy clay.
70894.13 (W) Mesa Co., CO, 5000ft, 1524m. Very glossy, almost waxy, green foliage, flowers yellow.
30704.70 (W) Grant Co., NM, 5100ft, 1555m. The small tricolored pea-flowers of fuzzy white, yellow and purple festoon miniature shrubs in the spring. Pinnatifid leaves of tiny oval leaflets. One of the best.
30745.14 (W) Clark Co., NV, 1200ft, 365m. Large racemes of beautiful indigo pea-flowers.
Daphne alpina (Thymeliaceae) (35x60,Z4,P,C,4:12w) ...................................................... 25 seeds / $5.00 08471.14 Neat, tidy shrubs with downy, gray-green leaves and terminal heads of white, fragrant flowers followed by red-orange fruits.
Daphne kosaninii (40x40,Z5,P,C,4:12w) .......................................................................... 25 seeds / $5.00 52706.14 Ex Pirin Mtns, Bulgaria, 2200m. Obovate to elliptic, grayish-green, evergreen leaves on slow-growing bushlets bear creamy-white, fragrant flowers followed by pale orange berries.
Daphne kurdica (60x60,Z5,P,C,4:12w) ............................................................................ 25 seeds / $5.00 52904.14 Ex Ala Dag, Turkey, 2000m. Obovate to elliptic, waxy, bluish-green, evergreen leaves on slow-growing bushlets bear snow-white, fragrant flowers followed by orange berries.
Daphne pontica (100x120,Z5,P,C,4:12w) .......................................................................... 25 seeds / $5.00 70688.04 Small shrubs with glossy, elliptical leaves produce clusters of greenish-yellow flowers in late spring followed by dark-red berries. Native to northern Turkey.
Daphne reichsteinii (50x70,Z5,P,C,4:12w) ........................................................................ 20 seeds / $5.00 74244.04 White flowers from rosy-pink buds on semi-deciduous bushes with brown stems and gray leaves. Originally described in 1981 as a hybrid between D. alpina and D. petraea.
Delospermaashtonii (Aizoaceae) (9x14,Z6,P,L,1) ......................................................... 70 seeds / $3.50 10635.02 Ex Thompson. Flat, tapered, greenish-gray leaves covered with medium-dark, hot-pink flowers.
10106.19 Chiseled clumps of succulent foliage with large yellow, white-throated blossoms.
10747.10 Rigid stems and nice large creamy yellow flowers.
76709.08 I like this for the foliage: clumps of tiny hemi-sphaerical rosettes in a deep ruby-bronze color. Small white flowers. Originally offered as D. sp. #1 (Sani Pass, RSA) back in 1997.
15284.00 Originally a Halda collection in Lesotho at 3125m. Magenta flowers.
15965.07 I've had no luck getting this great species to set seed because all of the plants in commerce probably came from one clone. This year (spring of 2007), however, I received plants from three different sources and a small amount of seed was set among themselves (no other Delosperma spp. in bloom in the area). Hopefully this seed will produce those iridescent red-orange flowers of the parents.
35104.10 Gray-green, reticulated tufts and pink flowers. From Yemen.
76706.02 Succulents tufts of tiny blue-gray sausages bear spidery flowers of bright pink in the spring. One of the choicest & hardiest, from the Komsberg Mtns of the Cape Province.
10415.17 (W) Bighorn Co., WY, 9400ft, 2866m. One of the dwarfest, only a few inches tall. However, in some of the shaded gullies, they’re over a foot. Attractive flowers of deep blue surrounding a white bee.
10751.04 Displays its musk-scented, downy, dark-eyed, deep purple flowers in early summer. Asia.
15285.04 Ex Yunnan, China, 2900m. A succession of long-spurred, deep blue-violet, white-eyed flowers appear from late summer to fall over clumps of deeply cut foliage. Spectacular Asian species.
70120.29 (W) Polk Co., OR, 164ft, 50m. Practically identical to D. leucophaeum but with glandular-pubesence on the stems and flower parts. Creamy-white flowers with a dark blue or purple bee.
90504.11 (W) Harding Co., NM, 4500ft, 1372m. Similar to Delphinium carolinianum ssp. virescens but with pale blue flowers.
05690.06 'Siberian Blues.' Compact plants with striking, good-sized, fringed, violet-blue flowers. Long season of bloom during the summer.
12084.04 Ex Piatra Craiului, Romania, 1800m. Above mats of glossy leaves arise large beautiful flowers of pink-lavender with a prominent central zone of purple dots. A choice Carpathian species.
30746.07 Makes low tufts of narrow, gray-green leaves which are covered with myriad small, soft pink flowers on short stems. A great trough plant. Considered a form of D. glacialis.
56442.06 Ex Pirin, Bulgaria, 2600m. Condensed cushions of tiny linear leaves with sessile rose-pink flowers.
58262.06 (= D. pavonius). Blue-green tufts are massed with fringed, deep cherry-red flowers.
Dianthus subacaulis ssp. brachyanthus (Caryophyllaceae) (7x20,Z4,P,C,2) ........... 35 seeds / $3.50 76841.09 Dense, spiny mats covered with pretty pale-to-rose-pink flowers. Endemic to the Pyrenees.
70304.07 (W) Ex Japan. Over very attractive mounds of blue-green, glaucous, linearly-cut foliage sway short scapes with numerous deep rose-pink flowers, the tips often shading to white.
70305.07 (W) Ex Japan. Similar to the above but with pure white flowers.
64076.09 Pleated foliage elongate into spikes of bronze hirsute flowers.
Dodecatheon alpinum (Primulaceae) (9x6,Z4,P,L,3:8w) .................................................. 40 seeds / $4.00 08470.12 (W) Trinity Co., CA, 7800ft, 2378m. Narrow, erect foliage with many violet flowers per umbel. Growing around a tarn near timberline.
12545.20 (W) Ventura Co., CA, 350ft, 107m. Star-bursts of several lavender-pink flowers with black anthers.
12688.66 (W) Blaine Co., ID, 6700ft, 2043m. A robust population here in a vernally moist meadow with large, bright violet shooting stars over basal rosettes of slender leaves.
12688.78 (W) Fremont Co., WY, 6500ft, 1982m. A somewhat dwarfer population here in stony red clay which bakes in the summer. Flowers not seen.
35288.15 (W) Josephine Co., OR, 1500ft, 457m. Dwarf pop. here with lavender flowers and round leaves.
50260.45 (W) Deschutes Co., OR, 6300ft, 1921m. Large basal rosettes topped by numerous lavender shooting stars.
08745.25 (W) Deschutes Co., OR, 9200ft, 2805m. Dense, hairy rosettes elongate into a yellow fountain. A most unusual Draba form. Occurs on a very few Cascade volcano summits.
15288.58 (W) Daggett Co., UT, 12000ft, 3658m. Tiny domes of dark-green, hispid rosettes bear yellow flowers on very short scapes.
Draba fladnizensis v. pattersonii (Brassicaceae) (2x1,Z3,P,L,3:6w) ........................... 90 seeds / $3.50 30551.14 (W) Lake Co., CO, 13150ft, 4009m. Tiny dark-green tufts with very short scapes of creamy flowers.
Draba grayana (Brassicaceae) (3x4,Z3,P,L,3:6w) .......................................................... 85 seeds / $3.50 32768.24 (W) Lake Co., CO, 13150ft, 4009m. Tight rosettes of dark green, hairy leaves with bright yellow flowers maturing into twisted pods.
Draba paysonii v. treleasii (Brassicaceae) (2x6,Z4,P,L,3:6w) ...................................... 70 seeds / $4.00 70099.62 (W) Custer Co., ID, 8940ft, 2726m. Tight, hairy rosettes in ball-like clumps covered with acid yellow flowers. On exposed, windy volcanic crests.
64054.14 Mats of soft, hairy leaves with long, deep blue flowers.
Dudleya abramsii ssp. abramsii (Crassulaceae) (9x10,Z8,P,L,3:4w) ....................... 100 seeds / $5.00 04074.35 (W) San Diego Co., CA, 3600ft, 1098m. Small glaucous, brownish-colored rosettes of oblong-lanceolate leaves with short branches bearing straw-yellow, maroon-streaked flowers.
Dudleya caespitosa (dune form) (40x16,Z10,P,L,1) ................................................ 100 seeds / $5.00 12039.66 (W) Monterey Co., CA, 100ft, 30m. A very different form here on fine sand dunes of multi-rosetted clusters, the leaves more lance-shaped, more glaucous and with less red on the tips. Strong, erect, multiple stems with yellow flowers.
Dudleya caespitosa X farinosa (12x10,Z10,P,L,1) ................................................... 100 seeds / $3.50 12139.10 (W) San Mateo Co., CA, 40ft, 12m. Perhaps not actual hybrids but D. caespitosa and D. farinosa intergrade extensively between San Francisco and Santa Cruz. Glabrous and glaucous forms here, usually red-tipped, variable flower stem lengths.
Dudleya edulis (24x20,Z10,P,L,1) .............................................................................. 100 seeds / $4.00 21588.55 (W) San Diego Co., CA, 3600ft, 1098m. Lax rosettes of numerous, narrow, cylindrical leaves sprout spreading inflorescences of creamy-white flowers. Reminds me of succulent Senecio spp., e.g. Kleinia cylindrica I grew in my youth.
Dudleya farinosa (silver) (Crassulaceae) (12x10,Z10,P,L,1) ....................................... 100 seeds / $4.00 30104.44 (W) Humboldt Co., CA, 200ft. Very glaucous, silver form, no red tipping on the leaves. Very limited, one packet per customer.
54088.80 (W) San Diego Co., CA, 600ft, 183m. Standard form here with usually single, glaucous green rosettes and rather tall flowering scapes bearing heads of yellow flowers.
92495.09 Ex Riverton, North Cape Province, RSA. Distinctive and beautiful species originally from a cold, arid plateau near Riverton. Mats of gray-green, finger-like leaves turn purplish in the cold. Large, soft pink flowers appear in early spring and continue for several months.
Echinacea angustifolia (Asteraceae) (35x22,Z4,P,C,3:4w) .............................................. 40 seeds / $3.00 09832.13 (W) Custer Co., SD, 4900ft, 1494m. Large pale purple or pink flowers over narrow foliage. These long-lived and long-blooming plants are the dwarfest in the genus.
70694.25 (W) Inyo Co., CA, 4500ft, 1372m. Fierce, multi-headed clumps bear pink-hued, yellow flowers.
Echinocereus adustus (Cactaceae) (18x7,Z6,P,GL,3:4w) .............................................. 40 seeds / $3.00 01591.02 Cult. ex Thompson (HK coll.), MX. TC053 Tight-spined, cylindrical-stemmed form with a few long, central spines. Large pinkish-white flowers.
Echinocereus chloranthus (Cactaceae) (30x5,Z6,P,GL,3:4w) ..................................... 40 seeds / $3.00 12361.12 (W) Socorro Co., NM, 7000ft, 2134m. JRT534 Radial and multiple central spines in various combinations of red and white, with banding around the stems.
Echinocereus chloranthus ssp. milleri (10x3,Z6b,P,GL,3:4w) ...................................... 40 seeds / $3.00 12369.13 (W) Coke Co., TX, 2300ft. JRT432 Single stems with thick, light-straw-yellow spines with some red hints here and there. Greenish yellow flowers. Seedlings hairy.
Echinocereus chloranthus ssp. weedenii (13x5,Z5,P,GL,3:4w) ................................... 40 seeds / $3.00 12372.02 Cult. ex Davis Mts., TX. TC056 Thick golden spines with occasional white spines. Greenish-yellow flowers turning caramel-brown as they age.
12650.18 (W) Colfax Co., NM, 6800ft, 2073m. Huge clustering plants with scores of heads on volcanic prairie.
Echinocereus coccineus (28x45,Z3,P,GL,3:6w) .............................................................. 40 seeds / $3.50 12650.23 (W) Custer Co., CO, 9000ft, 2744m. JRT184 Immense clumps with medium-headed stems which support an array of needle spine types, including long spine forms in mainly straw-yellow colors. Typical reddish-orange trumpet flowers. Very high elevation form.
Echinocereus coccineus (28x55,Z4,P,GL,3:4w) ............................................................. 40 seeds / $3.00 12650.63 (W) Custer Co., CO, 7400ft, 2256m. JRT181 Clustering mounds with thin, needle spines of white, straw-yellow and brownish-red. Orange-red to pinkish trumpet flowers.
15116.25 (W) Otero Co., NM, 5300ft, 1616m. JRT5104 Smoky white spines, large orange flowers with green throats.
15116.55 (W) Otero Co., NM, 5300ft, 1616m. JRT5103 Dark red flowers with a hint of pink.
29832.11 (W) Riverside Co., CA, 4600ft, 1402m. White barrels with soft spines. Magenta flowers.
30298.09 Ex Luna Co, NM. Huge, violet-red blossoms over 9 cm across.
30300.09 My own cross, with many intermediate characteristics.
Echinocereus rayonensis (15x24,Z7,P,GL,3:4w) ............................................................ 30 seeds / $3.50 74100.03 (W) Neuvo Leon, 2000ft., MX. TC062 Semi-clumping stems covered in dense whitish-gray, needle-type spines tipped in black. Medium sized, dark purple-violet flowers.
Echinocereus reichenbachii v. baileyi 'longispinus' (15x7,Z5b,P,GL,3:4w) ................ 40 seeds / $3.00 74252.75 (W) Comanche Co., OK, 1600ft. JRT222 Extra long, thick spines in orange, red and white colors. Large pink flowers.
78752.28 (W) Coconino Co., AZ, 6200ft, 1890m. A somewhat dwarfer population with long spines.
78752.03 Ex Manzano Mtns, NM. Distinctive form with stout stems and 1 or 2 long straight spines per areole. Scarlet blossoms.
78748.06 Ex Otero Co., NM. A very robust and fast growing population, eventually forming huge multi-headed mounds. Brilliant red-orange flowers.
74916.16 (W) Sierra Co., NM, 5500ft, 1677m. JRT535 Clumping stems with long fine needle spines and inner shorter radial spines white to bright golden yellow. Longer central spines are bright red. Gorgeous new variant. Was listed as Echinocereus russanthus v. cowie (W) Socorro Co., NM, 5500ft, 1677m.
12730.15 (W) Inyo Co., CA, 3600ft, 1100m. Clumps of silver, cordate foliage produce huge yellow daisies, typically 5” to 6” across (up to 15 cm)!
58855.56 (W) Custer Co., ID, 5400ft, 1646m. Yellow daisies over scalloped silver foliage at an unexpected locality, making this the hardiest form yet. Growing in a rock and mud-filled gulch.
58855.45 (W) Millard Co., UT, 5700ft, 1738m. An attractive miniature form here on limestone.
12116.10 (W) Lane Co., OR, 5600ft, 1707m. Hairy spatulate leaves and nice white daisies.
12697.25 (W) Larimer Co., CO, 6500ft, 1982m. Dwarf plants with dissected leaves and white flowers.
30544.13 (W) Park Co., WY, 10250ft, 3323m. Mats of flabellate foliage sprout white flowers aging pink.
70314.14 (W) Chaffee Co., CO, 12100ft, 3689m. The deep violet daisies are Aster-like in appearance due to the wide rays. This alpine population hopefully will keep its compact character.
70498.27 (W) Albany Co., WY, 10850ft, 3308m. Sumptuous lavender-blue daisies over pinnate foliage.
91476.14 (W) Iron Co., UT, 10200ft, 3110m. Pretty bluish-lavender flowers over narrow leaves.
12914.11 (W) Portillo, V Reg., Chile, 8000ft, 2439m. (= Neoporteria curvispina.) Long grayish spines twist around the barrels. Copper flowers.
12038.38 (W) Fremont Co., WY, 7750ft, 2363m. Dense buns of tiny, gray, spatulate leaves with short-scaped poms in red, chrome yellow and all intermediate combinations.
49812.10 (W) Jackson Co., OR, 7400ft, 2256m. A dioecious species with male flowers in small yellow balls and the females in a showier branching inflorescence of yellow and deep red. Mats of small, densely-felted, olive-gray leaves. On S-facing volcanic screes.
54650.25 (W) Sierra Co., CA, 7500ft, 2287m. Around flat, gray-green rosettes lay prostrate several stems bearing large clusters of pale pink flowers, aging to deep rose-pink. One of the best Buckwheats in the genus. On volcanic screes.
69009.15 (W) Inyo Co., CA, 5700ft, 1738m. Another great form here on a broad knoll of granite. Dwarf plants bear poms of deep pink, often intermixed with cream and yellow.
69009.21 (W) Esmeralda Co., NV, 6200ft, 1890m. Robust form with gray felted leaves and balls of cream tinged pink.
76360.51 (W) Nye Co., NV, 6100ft, 1860m. Tight, shining, silver-blue cushions studded with sessile poms covering a wide spectral range -- creams, pinks, reds, yellows and all shades in between.
76714.15 (W) Beaver Co., UT, 6200ft, 1890m. Tight cushions of woolly, bluish-white sprout large, sessile flower balls of cream, aging to tan. One of the most fantastic in the genus.
Eriogonum strictum v. greenei (8x16,Z5,P,L,3:8w) ........................................................ 20 seeds / $4.00 76822.12 (W) Siskiyou Co., CA, 8900ft, 2713m. Extremely condensed mats of thickly-felted, white leaves with poms on short stems that are white to pale pink, aging to a rusty deep pink. On exposed alpine, volcanic screes. Limited quantites.
91477.35 (W) Sierra Co., CA, 6000ft, 1829m. Mats of small, elliptical leaves covered with a yellow-brown tomentum, mostly shedding on the upper surfaces to a dull olive gloss. The large flower heads open deep yellow and age to a creamy or pale pinkish orange. Volcanic talus.
90494.10 (W) Beaver Co., UT, 6600ft, 2012m. Tufts like a russet Eritrichium howardii with small procumbent flower clusters splayed around each tuft. In limestone grit.
Eriogonum villiflorum (Polygonaceae) (1x8,Z5,P,C,3:6w) ......................................... 18 seeds / $5.00 90494.27 (W) White Pine Co., NV, 7200ft, 2195m. Tufts like a russet Eritrichium howardii with small procumbent flower clusters splayed around each tuft. In loam with limestone chips. Limited quantities. One of the dwarfest and strangest Eriogonums.
35732.58 (W) Park Co., WY, 8000ft, 2439m. Silver linear leaves and royal blue flowers on domed, pulvinate cushions. One of the most sought-after alpine cushions. Finally, decent seed-set this year.
52718.06 Tufts of light green leaves eloquently trail over rocks, smothered in short-stemmed heads of fragrant, golden-yellow blossoms.
32748.36 (W) Wallowa Co., OR, 5800ft, 1768m. Golden yellow flowers / chocolate-purple anthers.
Erythronium grandiflorum (red anthers) (Liliaceae) (14x12,Z4,P,L,3:16w) ................ 20 seeds / $4.00 32748.54 (W) Gunnison Co., CO, 10500ft., 3201m. Flowers not seen but I have it on good authority that the anthers are red at this locality. E-facing montane slopes of quartzite. Limited quantities.
Erythronium howellii (Liliaceae) (14x15,Z6,P,L,3:16w) ............................................. 30 seeds / $5.00 35733.47 (W) Josephine Co., OR, 3100ft, 945m. Very similar to E. citrinum and doubtfully distinct from it, the only difference being the basal appendages on the petals are absent. N-facing serpentine slopes under scrub in a coniferous woodland.
15120.13 (W) Pecos Co., TX, 5800ft, 1768m. JRT4131 Single stems with red-tipped, white spines. Sunset-pink to olive-green flowers in the crown. Green to flesh-pink fruits.
Escobaria missouriensis (Cactaceae) (2x4,Z5,P,L,3:4w) ........................................... 25 seeds / $4.00 56516.25 (W) Baca Co., CO, 4000ft, 1220m. JRT1121 Tiny, usually single, flat stems. Medium straw-colored flowers. Small red fruits in the center of the stems, usually wintering over.
56516.18 (W) Pueblo Co., CO, 6700ft, 2043m. JRT1122 Variable stems from single to multi-heading, up to 15 heads. Flowers range from straw-brownish-yellow to rarely bright, clear green. The red fruits often winter over.
Escobaria navajoensis (3x9,Z5,P,L,3:4w) ...................................................................... 20 seeds / $3.50 56521.12 (W) Navajo Co., AZ. TC031 Flat-topped, nippled stem with short white spines and yellow-cream flowers. Occasionally clumps.
71412.14 (W) Luna Co., NM, 4700ft, 1433m. Plants look like little snowballs, densely covered with short, white spines. A cluster of several stems form with age. Pink-salmon flowers near the apices.
78850.27 (W) Otero Co., NM, 4800ft, 1463m. Cylindric tubercled columns with apical pale pink flowers.
90530.58 (W) Colfax Co., NM, 9000ft, 2744m. JRT5171 Massive clumps comprised of 60 heads or more with dark red to black spines. Very frilly, hot pink flowers. One of the highest elevations recorded for this sp.
Escobaria vivipara (Cactaceae) (24x8,Z5,P,L,3:4w) ........................................................ 40 seeds / $3.00 90530.78 (W) Hudspeth Co., TX. JRT4112 Wide mammoth stems with flat tops. Spines fairly loose in red and white. Nice pink flowers.
09878.17 (W) Brewster Co., TX, 3300ft, 1006m. Silver-blue stems by the hundreds on mature plants. Tiny pinkish, speckled flowers along the stems early in the spring. Revels in hot, dry situations.
76715.28 (W) Pinal Co., AZ, 3100ft, 945m. "Ocotillo." The scarlet-orange, tubular flowers set the deserts ablaze in May. The oblong leaves drop after extended drought and reappear soon after rains.
Fritillaria agrestis (Liliaceae) (10x8,Z6,P,C,4:12w) .................................................... 30 seeds / $4.00 08274.11 (W) Mariposa Co., CA, 2375ft, 724m. The flowers are greenish outside and brown-purple inside with an odd odor.
12874.59 (W) White Pine Co., NV, 8250ft, 2515m. Flowers not seen here but are typically pendant, dark and speckled over a few whorls of leaves. On heavy loam derived from limestone.
12106.06 (W) Ex Anchorage, AK, 100ft. "Chocolate Lily." Mature bulbs develop 18-inch stems bearing whorls of narrow leaves and several nodding dark chocolate-brown flowers.
70105.05 Ex Kazakhstan. Splendid campanulate flowers of pale greenish yellow, tessellated maroon. Broad, gray leaves.
Fritillaria pudica (Liliaceae) (10x8,Z5,P,C,3:12w) ........................................................ 40 seeds / $4.00 70865.43 (W) Kittitas Co., WA, 3875ft, 1181m. Butterscotch-yellow flowers with brownish bases hang pendant over a few strips of narrow folded leaves. On E-facing loam derived from basalt.
12970.11 (W) Doña Ana Co., NM, 4100ft, 1250m. A vigorous vine with heart-shaped leaves.
13156.10 (W) Idaho Co., ID, 7600ft, 2317m. Blue fluted flowers spotted greenish inside. Erect form.
76155.05 Ex New Zealand. Rosettes of very dark green leaves bear cymes of white flowers.
76130.14 (W) Hida Reg., Japan, 850m. Large flowers of deep blue, usually heavily spotted inside.
78757.18 (W) Sapporo, Japan, 20m. Tufts of lanceolate leaves along creeping rhizomes produce erect stems bearing several whorls of deep blue flowers.
Gentiana verna (7x9,Z4,P,GL,3:8w) ............................................................................... 100 seeds / $3.50 90334.02 Classic European Gentian with compact rosettes and dark inky-blue flowers on short stems.
10134.14 (W) Summit Co., CO, 11800ft, 3598m. Linear leaves and deep blue, fringed flowers.
09233.11 (W) Coconino Co., AZ, 7000ft, 2134m. Vigorous habit with scarlet-orange flowers.
30734.14 (W) San Juan Co., NM, 6000ft., 1830m. Thready stems bear salverform flowers of lavender-pink. A narrow endemic found only on N-facing, eroding badlands of sandy clay.
70117.07 Loose, secund spikes of about half-dozen, purplish-red flowers early in summer. A lovely and hardy sp. found distributed wild in moist, European meadows.
Glaucidium palmatum (Ranunculaceae) (40x40,Z6,P,GCE,4:8w) ................................... 30 seeds / $5.00 70114.04 Japan. Beautiful pale lavender-blue flowers 2" to 3" (5 to 8 cm) across with undulate margins are borne singly on short scapes. Best under cool and lime-free conditions.
Glaucidium palmatum v. leucanthum (40x40,Z6,P,GCE,4:8w) ..................................... 30 seeds / $5.00 70115.04 Japan. Also available is the white form.
11832.14 (W) Brewster Co., TX, 3900ft, 1189m. Gnarled subshrubs are tightly clothed with tiny, pinnate leaflets. Purple flowers transform into winged fruit bearing scarlet berries. Grows on lime.
10753.08 Tight buns of grayish-green sprout dense cymes of white flowers.
76514.08 Glaucous linear leaves explode into a matrix of white, veined flowers.
58128.15 (W) Garfield Co., UT, 7800ft, 2378m. Thyme-like habit of many close stems thick-set with small, elliptical, cinereus, fragrant leaves. Small pale purple, lipped flowers by the hundreds. Interesting member of the pink Claron limestone community.
Heuchera hallii (Saxifragaceae) (20x20,Z4,P,L,1) ........................................................ 100 seeds / $3.50 35124.14 (W) Chaffee Co., CO, 9200ft, 2805m. Scalloped leaves in a dense mass of rosettes bear campanulate cream flowers on several racemes. A most elegant plant. Found on north-facing granitic cracks and ledges.
74882.18 (W) Sevier Co., UT, 6500ft, 1982m. Numerous spikes of white aging to pink flowers. Shaded crevices of volcanic boulders.
Horkelia hendersonii (Rosaceae) (10x20,Z5,P,L,3:6w) ............................................ 90 seeds / $4.00 35328.11 (W) Jackson Co., OR, 7400ft, 2256m. Mats of cylindric, cut, gray leaves covered with silky hairs. Heads of small pinkish flowers. A rare Siskiyou endemic.
12432.14 (W) Carbon Co., MT, 9500ft, 2896m. Tufts of undulate, oblong-acuminate leaves are sticky and strongly aromatic. Large yellow daisy flowers top each scape for weeks. On steep screes.
01214.16 (W) Elbert Co., CO, 6650ft, 2027m. The typical form predominates on the Plains with yellow daisies on 2 to 3 inch scapes from tufts of green, spatulate leaves, somewhat woolly basally.
32749.57 (W) Bernalillo Co., NM, 10300ft, 3140m. Vigorous Hollyhock-like bushes with large (over 2") lavender-pink flowers lining each stem by the hundreds. Magnificent in full bloom.
10892.04 Known as the Horned Iris because the leaves are grooved with a white horny margin. The leaves are stacked in tiers with the cream and rich yellow, fragrant flowers emerging from every axil.
Iris chrysophylla (Iridaceae) (12x20,Z6,P,C,4:8w) ........................................................ 30 seeds / $4.00 12375.44 (W) Coos Co., OR, 2775ft, 846m. Clusters of basal flowers, cream with faint veining, usually with a gold splash on the falls.
Iris ensata v. spontanea (Iridaceae) (40x25,Z5,P,C,4:8w) ....................................... 20 seeds / $3.50 33876.19 (W) Hida Region, Japan, 850m. A wild collection with deep blue flowers.
30548.07 Yellow flowers with an orange beard over narrow, grass-like foliage.
56556.10 (W) Mono Co., CA, 8200ft, 2500m. Pale blue standards / white falls heavily veined blue.
56556.37 (W) Bernalillo Co., NM, 10300ft, 3140m. A robust population with numerous blue-violet flowers.
09023.06 (=Iris aucheri.) Beautiful, fragrant flowers with blue standards and falls with a yellow crest.
12764.14 (W) Siskiyou Co., CA, 1600ft, 488m. From a woody base arch multiple stems, sleek with shiny, oblanceolate leaves, each terminating in compact panicles of hairy, deep red, lipped flowers.
76721.14 (W) El Paso Co., TX, 5200ft, 1585m. A formidable tangle of thorns with hundreds of thick, spine-tipped stems branching in every direction. Tiny flowers are followed by black and red berries.
Laserpitium siler (Apiaceae) (80x40,Z5,P,C,4:12w) ..................................................... 30 seeds / $3.50 76554.14 (W) Tyrol, Mt. Patscherkofel, 2000m., Austria. A robust perennial herb with bipinnate leaves and large umbels of white, stellate flowers.
77678.14 (W) Beaver Co., UT, 6740ft, 2055m. Green-black cushions of minute, incised leaves with tiny racemes of pure white. Endemic to the San Francisco Mtns in the Great Basin. A recollection of a super species introduced by us back in 1995.
92178.15 (W) Custer Co., ID, 6600ft, 2012m. Forms delightful spiny clumps which cascade over rocky areas to perfection. Large cream blossoms open from tightly-spiralled buds in the evening.
15471.13 (W) Lake Co., CO, 9500ft, 2896m. Compact buns of thread-like leaves bear short scapes of yellow flowers. On subalpine, rocky slopes.
56558.14 (W) Culberson Co., TX, 3800ft, 1158m. Miniature shrubs covered with chalky blue leaves and blue Penstemon-like flowers in abundance. A spectacular native of the Trans-Pecos region.
12778.16 (W) Siskiyou Co., CA, 5100ft, 1555m. The predominant form is white broadly striped deep pink. However, many variations prevail here from solid deep pink to red and orange hues.
Lewisia cotyledon (Portulacaceae) (15x20,Z6,P,L,3:8w) ............................................. 100 seeds / $4.00 12778.24 (W) Josephine Co., OR, 6200ft, 1890m. The predominant form is white broadly striped deep pink. However, many variations prevail here from solid deep pink to red and orange hues. This population is near timberline and is found on S-facing volcanic outcrops as well as the N-facing slopes.
12780.16 Ex cult. from original wild site Trinity Co., CA, 5380ft, 1640m. A superb form with rosettes of large, serrated leaves. Spectacular inflorescences of pink to rose-pink. Originally on W-facing ledges of crumbling schist. Hand-pollinated and protected to keep seed genetically pure.
Lewisia rediviva (Portulacaceae) (5x9,Z3,P,L,3:8w) ...................................................... 80 seeds / $4.00 74316.74 (W) Carbon Co., WY, 8875ft, 2706m. Another population here with large, deep pink blossoms growing on gentle W-facing slopes at an even higher elevation (compared to collection (74316.63).
Lilium bolanderi (Liliaceae) (35x15,Z6,P,C,5) ............................................................. 20 seeds / $6.00 10756.24 (W) Josephine Co., OR, 4300ft, 1311m. One of the most regal of all lilies with several trumpets deep reddish-orange to reddish-purple, heavily speckled, atop 1 to 2 foot stems, whorled with thick, textured leaves. Very choice. As usual, quantities are limited.
12761.07 This beautiful dwarf Chinese lily has star-like, glossy, vermilion flowers.
Lilium formosanum v. pricei (Liliaceae) (35x20,Z5,P,C,5) ............................................. 40 seeds / $5.00 30774.01 Grass-like clumps with several 6" violet-streaked, white trumpets, spicily fragrant. Wonderful native of alpine Taiwan.
35957.20 (W) San Diego Co., CA, 4600ft, 1402m. Large, maroon-spotted, yellow-orange lilies with reflexed petals. Each slender plant supports up to a dozen flowers. Shaded slopes of granite.
50170.14 (W) Hida Reg., Japan, 850m. Nerved, dark green foliage and rose-pink trumpets 6” long.
Lilium pardalinum ssp. pardalinum (120x25,Z6,P,C,5) ................................................. 75 seeds / $3.50 70175.12 (W) Josephine Co., OR, 1700ft, 518m. Orange, spotted flowers with strongly recurved tepals shaded red at the tips. Streamside location.
Lilium pardalinum ssp. vollmeri (120x25,Z6,P,C,5) ...................................................... 90 seeds / $3.50 70174.12 (W) Josephine Co., OR, 2100ft, 640m. Orange, spotted flowers with strongly recurved tepals shaded red into the throat. Serpentine seep.
70956.06 Pendant, orange-red to vermilion flowers with a glossy sheen. Very narrow leaves.
Lilium washingtonianum ssp. purpurascens (120x30,Z5,P,C,5) ................................ 40 seeds / $4.00 92177.14 (W) Lane Co., OR, 3025ft, 922m. Distinguished from the typical form by a distinct tendency for the flowers to turn pinkish-purple shades as they fade.
58978.14 (W) Lake Co., CO, 11300ft, 3445m. From a central rootstalk arise scores of stems covered with needled leaves in whorls at intervals. White, tubular flowers emanate from every node.
52558.38 (W) Fremont Co., WY, 6700ft, 2042m. Highly ornamental, powder-blue, spiraling foliage sprouts heads of lemon yellow flowers with helicopter-like petals. Loves calcareous soils.
58159.03 Mats of three-dimensional, pinnatifid ovate leaves beset with glochids. Odd flowers of lemon yellow with a white center, the petals widely spaced.
05817.05 Leafy green clumps produce lots of violet flowers around mid-summer.
56178.15 (W) Inyo Co., CA, 4600ft, 1400m. Lavender-pink fls with white bands / maroon splotches.
56112.13 (W) Yavapai Co., AZ, 5900ft, 1800m. One is immediately struck by the exceptionally beautiful leaves of fine filigree covered with downy hairs. One of the tiniest Lomatium species, with yellowish flowers often tinged purple.
70312.35 (W) Deschutes Co., OR, 6900ft, 2104m. The mossy-looking rosettes form extensive, bright-green carpets on the forest floor up to 30 feet across. Short spikes of creamy-yellow flowers.
Lupinus aridus ssp. ashlandensis (Fabaceae) (16x9,Z6,P,SC,1) ............................... 20 seeds / $4.00 07451.11 (W) Jackson Co., OR, 7400ft, 2256m. Silvery, caespitose cushions bear dense inflorescences of deep blue flowers. On open granite screes.
Lupinus breweri ssp. bryoides (3x20,Z4,P,SC,1) ........................................................ 8 seeds / $4.00 10773.11 (W) Mono Co., CA, 10400ft, 3170m. Wonderful silver mats of tiny, fingered leaflets bear caespitose spikes of blue and white. The best miniature Lupines. Only a few packets available.
Lupinus caespitosus (Fabaceae) (7x10,Z4,P,SC,1) ....................................................... 30 seeds / $4.50 12049.13 (W) Grand Co., CO, 8950ft, 2730m. (=L. lepidus ssp. caespitosus.) Very short spikes of sky-blue flowers on compact plants. On S-facing embankments of granite gravel.
54291.16 (W) Blaine Co., ID, 4700ft, 1433m. Vigorous plants unfurl dense racemes of cream to very pale lilac flowers over silvery-green, hairy leaves. Great for the specimen area of the garden.
71078.16 (W) Siskiyou Co., CA, 3500ft, 1067m. Small, palmate leaves, densely silky-hairy on both sides. Spikes of blue flowers.
Lychnis wilfordii (Caryophyllaceae) (40x20,Z5,P,L,3:6w) ........................................... 45 seeds / $3.50 92554.00 One of the most attractive Lychnis, from Japan. Spidery, laciniate, blood-red flowers over ovate, light green foliage. Rare and beautiful.
70638.11 (W) Volcán Antuco, VIII Reg., Chile, 5500ft, 1677m. Prickly mats with white spines and small finger-like, terete leaves. Yellow flowers appear in summer and are followed by egg-like capsules.
30753.25 (W) Tulare Co., CA, 6500ft, 1982m. A deciduous subshrub with ovate, white-felted leaves, giving an overall gray-green cast to the plants. Hundreds of pale purple flowers line the stems.
32751.14 (W) Douglas, AZ. Well-spined bodies with hooked centrals bear nice pink flowers.
32752.13 White-spined bodies bear attractive flowers of magenta with broad white tips.
35308.15 (W) Kent Co., TX, 1800ft, 550m. JRT4181 Flat stems about 4" round. Short, typical yellow or red spines with dark tips. Creamy, pink-tinted flowers in rings with mid-stripes, followed by bright red fruits.
35307.14 Flat bodies only 2” or 3” across with thickly-spined tubercles and cream to pink flowers.
Mammillaria lasiacantha (6x5,Z7,P,GL,3:4w) .................................................................... 40 seeds / $3.50 54187.12 (W) Terrell Co., TX, 4300ft, 1311m. JRT4183 Single stems with white, soft, feathery spines. Pinkish-white, candy-striped flowers in rings.
56384.14 (W) Eddy Co., NM, 5500ft, 1676m. Densely-spined, small barrels / nice pink to purple flowers.
92755.24 Ex Manzano Mtns. Non-clustering stems, fine hooked brown spines, large magenta flowers.
92755.14 (W) Santa Fe Co., NM, 6900ft Non-clustering stems, fine hooked brown spines, large magenta flowers.
Mammillaria wrightii (Cactaceae) (12x8,Z5,P,L,2) ..................................................... 30 seeds / $4.00 92755.35 (W) San Miguel Co., NM, 4000ft, 1220m. JRT5195 Broad, sphaerical stems with some wool in the crown. White inner blackish-tipped spines with central hooks. Large purple flowers with greenish, purple-tinted fruits. Robust northeastern form.
07460.20 (W) Iron Co., UT, 11050ft, 3368m. From a crown sprout twenty to thirty stems bearing ovate leaves and large pendant clusters of blue and pink flowers. Similar to a dwarf M. ciliata.
10162.28 (W) Gunnison Co., CO, 11600ft, 3536m. An alpine species akin to M. lanceolata with narrow, sericeous leaves. Highly variable population, you may obtain some plants with wider, greener leaves.
54771.16 (W) Kittitas Co., WA, 3200ft, 975m. A delicate plant with several stems of elliptical, blue-gray leaves and terminal clusters of tubular, deep blue flowers. On N-facing slopes of volcanic loam.
90584.58 (W) Uintah Co., UT, 11900ft, 3628m. Another great form of robust clumps with much wider, almost obovate leaves, somewhat thicker than the typical. Dense heads of blue bell-flowers.
08751.14 (W) Monterey Co., CA, 2100ft, 640m. A compact pop. with orange to copper flowers.
12980.13 (W) Paso Pino Machado, Argentina, 5100m. Numerous scarlet to copper-orange flowers.
32988.14 (W) Ouray Co., CO, 9700ft, 2955m. Bright yellow, spotted flowers, very floriferous.
54770.15 (W) Tulare Co., CA, 5050ft, 1540m. Pale peachy-yellow flowers on cascading shrublets.
Mimulus palmeri (8x5,A,L,1) ......................................................................................... 100 seeds / $3.00 70164.17 (W) Kern Co., CA, 3000ft, 915m. Masses of deep pink flowers suspended on 1"-2" long pedicels, shading to purple on the upper throat with the lower throat yellow.
70386.03 Ex Dedegol Dag, Turkey, 2000m. Hard, Acantholimon-like cushions bearing white flowers.
05458.15 (W) Duchesne Co., UT, 6050ft, 1845m. An odd cousin of the more common M. multiflora with very glaucous, blue-gray leaves and pendant heads of pale pink. A Uintah Basin endemic.
Mirabilis multiflora (Nyctaginaceae) (45x80,Z4,P,C,2) ................................................. 25 seeds / $3.50 56964.31 (W) Santa Fe Co., NM, 6800ft, 2073m. Essentially identical population (compared to our Chaffee Co., CO, population, 56964.19, above) here under pinyons.
Monardella nana v. arida (Lamiaceae) (4x18,Z6,P,L,1) ............................................. 20 seeds / $4.00 58168.21 (W) Riverside Co., CA, 4000ft, 1220m. White pin-cushion flowers on green-white bracted heads from pink buds. Broad cushions of cinereous leaves on dolomite outcroppings.
Monardella purpurea(Lamiaceae) (12x24,Z5,P,L,3:6w) .................................................... 40 seeds / $3.50 70985.22 (W) Siskiyou Co., CA, 5200ft, 1585m. Aromatic plants of deep green, oblong, leathery leaves and globose heads of deep lavender.
90564.10 (W) Shasta Co., CA, 3000ft, 915m. Multiple stems with heads of deep lavender.

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