EARLY ROYAL CROWN GINGER ALE PAPER LABEL

[SODAPOPBOB]

The answer to this mystery, or at least part of it, might have been staring us in the face this whole time. I can't fully explain the following, but there's something about it that doesn't sit easy with me. This link will take you to one of several sites where we find the 1902 Patent for ... Valaer ~ Royal Crown Ginger Ale http://tinyurl.com/mcurpv3 1. It opens on Page 553 where we find the Valaer Royal Crown Ginger Ale Patent 2. Scroll back to Page 545 where we find the title ... "Alphabetical List of Registrants of Labels" 3. Scroll back to Page 521 where we find the title ... "Alphabetical List of Registrants of Trade-Marks" ( The names Valaer and Royal Crown are not listed under Trade-Marks ) The only listing I can find for Valaer or Royal Crown are in the Labels section. A label is not a Trademark! So it appears that Christian Valaer only had a trademark on the label itself and nothing else. I've never encountered a trademark for just a label, but it could be a major clue regarding the connection between Christian Valaer and Claud Hatcher both using the same name for a brand of ginger ale.

 

[SODAPOPBOB]

Question of the day ... How do we explain being granted a patent on a label but not the product itself?

 

[SODAPOPBOB]

I spent several hours reading up on and trying to educate myself on U.S. Patent laws with my primary focus being on Trademarks - Designs - Labels - Prints. The language used for this type of information can be confusing, but I was able to make enough sense of it to determine that a registered/patented label does not automatically grant the registrant of that label a trademark. In other words, when someone patents a label for a particular product such as a brand of soda pop, the label is only intended to identify the product for the producer but it does not protect the name of the product. In order to have the product protected against infringements, the producer would need to register a separate patent for the name in the form of a trademark. For example; The name Coca Cola is a "Registered Trademark" but Coca Cola bottles are registered separately under a "Design Patent." I can't say for certain just yet, but it appears that Christian Valaer patented the label for Royal Crown Ginger Ale in order to identify his product but failed to follow up by registering the name itself as a trademark. Which, if my understanding of the patent laws is correct, means the name Royal Crown Ginger Ale was wide open for anyone who wanted to use it as a viable trademark. It could be this is what Claud Hatcher did and how he was able to secure the name for the Union Bottling Works in circa 1905. (To be continued)

 

[SODAPOPBOB]

Now I'm wondering why the labels under discussion do not have "REG. PEND. U.S. PAT. OFF." on them? I cannot answer this yet, but I do know my circa 1932 label does have that information on it!

 

[SODAPOPBOB]

The Union Bottling Works label doesn't have that information on it either ... ???

 

[SODAPOPBOB]

P.S. Its possible that Claud Hatcher didn't actually apply for any patents or trademarks for Royal Crown until the early 1930s.

 

[SODAPOPBOB]

I forgot to mention there is a clause in the patent/trademark laws which stipulates if a product is produced and sold continuously in commerce for a certain period of time that it constitutes what is referred to as a "fair use" of the product. This was often all that was needed to protect the brand in case someone ever tried to infringe on it.

 

[SODAPOPBOB]

Inconclusive/Conclusion Now I'm thinking ol' Claud Hatcher simply snatched up the name Royal Crown for a brand of soda pop, which he did a patent search on but discovered no one had a right to it, so he just ran with it and let the chips fall where they may.

 

[SODAPOPBOB]

Another thing I'm wondering about is this article in ... The American Bottler ~ 1906 I thought Union Bottling Works was established in 1905 by Claud Hatcher and his father. If so, then how do we explain this 1906 article?

 

[SODAPOPBOB]

Like I said earlier, I'm just a cub detective on this case and simply post the evidence as I find it! To refresh our memories, here's the chronology again by Cecil Munsey ...