Protect My Design! Crown Crystal RDs

G&S Thistlewood September 2015

Kingfisher: RD 4184

Kangaroo: RD 4696

Swan: RD 4697

Unusually, the Registered Design Number ("RD") is prominently displayed on the pattern of some Australian Carnival - it is an intriguing characteristic, and part of their charm. Few other examples of Carnival have a design number featured so noticeably – why did Crown Crystal do this? 

It’s a complex, yet compelling story, and like many other aspects of Carnival Glass, it reflects some of the key social and economic events of the time.

Kingfisher - the first RD

Let’s begin with a look at one of the splendid Crown Crystal designs that features the Registered Design Number - Kingfisher. On the left is a drawing of the design on the 9 inch size bowl.

This is believed to have been the first design used on Carnival that was registered by Crown Crystal (shown as Crystal Glass on the application document). The date of the application was January 1923 and the number allocated to it was 4184. 

As an aside, there is a fascinating story behind the Kingfisher design, which is fully explored in our Collectors Facts on the pattern.

Two other well known design registrations followed: the Kangaroo (RD 4696) and the Swan (RD 4697), both of which were registered on the same day in January 1924. 

And that’s it! 

Emus, shrikes, waratahs, butterflies and more unique Australian flora and fauna featured on subsequent Crown Crystal designs, but no others had a RD number moulded into the glass, prominently or otherwise.

Why is the RD Number only on the first few Designs? 

Only the first few (Kingfisher, Kangaroo and Swan) were Registered Designs. The others (Emu, Magpie, Kiwi etc.,) were Registered Trade Marks. 

The requirements of these two statutory designations were very different: 

Registered Designs

Lodged in accordance with the Australian Design Act of 1906. 

A key requirement of the Act was that the Design had to have the word “Registered” or “Registered Design” or “RD” and the number actually "stamped, engraved, or impressed” on the design of the article.

Registration was good for 5 years.

Registered Trade Marks 

Had to comply with the Australian Trade Marks Act of 1905. 

The trademark was not legally permitted to contain the words “Registered Design”, so that had to go – and importantly, the 5-digit trademark number did not have to appear on any of the glass designs, 

Registration was good for 14 years. Stiffer penalties for non-compliance.

Why change from a Registered Design to a Registered Trade Mark?

There were probably several very good reasons. Clearly, both legal options were intended to protect the item from being copied, and infringements could lead to significant penalties, from a fine, or even imprisonment. Crown Crystal and their appointed Patent Attorney, Leslie Thom, must have considered the pros and cons. Trademark registration lasted longer than the design registration, which meant less paperwork over time, and protection for a longer period of time.

Undoubtedly, it looked better: those bulky and prominent RD numbers did mess with the design aesthetics. Although today’s collectors really love having those RD numbers, it’s likely that neither the glass makers nor the buyers liked them a lot back in 1924. Using Trade Mark legislation, Crown Crystal could happily say goodbye to the intrusive RD numbers and simply feature their lovely and unique flora and fauna patterns instead. 

Interestingly today, mistakes in the appearance of the RD numbers are one way collectors can identify fake Kangaroo and fake Kingfisher pieces that have appeared on the market. 

Social and Economic issues

A peek into the past, however, uncovers yet another important reason for the change to a Registered Trade mark. 

In common with most other glass producers of the era, Crown Crystal wanted to protect themselves against cheaper imports, and competition from overseas. The rules and regulations (and the associated stiff penalties) of the Registered Trade Mark legislation protected Crown Crystal from imports that might copy their designs (trade marks). It probably gave them a little extra comfort at a time when they were heavily lobbying for increased duties for imports of "foreign" glass.

We have come across this sort of protectionism before. Indeed, British glassmakers complained regularly about "unfair foreign competition" - in one case, the importer of Jacobean pattern crystal glassware transferred some of the moulds from Czechoslovakia and made the glass in England, to avoid import duties!