You have to understand that you are talking something totally different here. Trademarks on plants are done on an exact genetic profile, and they are asexually reproduced so that the "offspring" are clones of the parent. Otherwise they would not still be the trademarked variety. It is perfectly acceptable to cross 2 trademarked varieties and come up with your own new variety, you just aren't allowed to asexually reproduce the trademarked variety.
I actually thought it was only done with plants that do not normally reproduce asexually, such as roses, so daylillies would not be trademarked, but I could easily be wrong on that.
In any event, it won't be happening with herps until we learn how to clone them.