did you check www.uspto.gov and do a search? It will say active if it's still active.

Thanks

I found it on the website. It says that it was patented december 30 1986. Still it should have expired december 2006. But now I just read this. (To further complicate matters, some plants are both patented (the only legal means to protect a new plant) and trademarked. Some nurserymen discovered that they could walk a tight rope around the spirit of the law and get the 20 year protection that the plant patent provides, plus a further measure of protection by trademarking. Once the patent expired, others could propagate the plant, but could not sell it under the trademark name. Trademarks are valid for 10 years if actually used correctly in commerce, and can be renewed indefinitely for 10 year periods.) I can't find any info on its trademark status. But if it is then I can sell El Toro, but I can't tell anyone it's El Toro?

That's very interesting and clever RE the trademarking. I don't have an answer for you tho. If it were me, I'd come out with a near identical zoysia and name it something new and send off samples to testing facilities and place ads everywhere claiming it is the next miracle grass to grow in any condition and sell plugs at a premium price.

And in the advertising I would say, "COMPARE TO EL TORO(TM)." Or "IDENTICAL TO EL TORO(TM)."