SO you're saying I can open up a brewery, call it terrapin, or Flying Fish, or anything else that's an Organism and be fine? I don't think that would fly if I went to court. Like I don't think that the Seattle Seahawks can change their name to the Eagles and survive a TM dispute over it. And the Eagles have a trademark on their logo and name for merchandising. I don't think it's as clean cut as "can't trademark and organism"
No, I'm not saying that. Should have been more clear.
In the quote, the poster commented that it wouldn't matter that they both took the same idea from the Grateful Dead. The Grateful Dead album/song is Terrapin Station, not Terrapin. The Grateful Dead would not have a case against either of them, so long as they didn't use the album art's likeness or something else.
And you can't copyright an organism unless it's genetically engineered. I didn't mean the two statements to be connected in the way they appear in the post your quoted. Poor writing. But anyway, that's why White Labs can sell WLP 001 and Wyeast can sell WY 1056, both of which were cultured from Sierra Nevada, and nobody can sue you for owning a Terrapin.