PATENTS FOR FRUIT JARS IN CANADA
All knowledge constantly grows. These thoughts can be added, or corrected, as time goes on and others find info that fits.
I start with the case in the U.S Supreme Court , Consolidated Fruit Jar Company v. Wright , 94 U.S 92 (1876). This case can be found on the internet.
Basic facts are Mason invented the cap and seal for fruit jars in June 1859. His patent was 15th of January 1868. Many things happened including him selling some and jars being on the open market for more than two years before the patent was applied for. Other jars were made and sold by other people etc. so it was considered abandoned , thus public domain, and unenforceable.
Hamilton registered the Crown jar on November 11th 1880. Yet in the winter of 1866, the Hamilton Glass Works was making it's " Home Fruit Jar " used with a lid and clamp or came with a cork. These were an old type of seal and they soon went to the metal ring glass lid and seal of the No Dot Crown as we call them. So if we put 1870-71 as the first Crowns why did they patent the trade mark Crown in 1880. It would be because in about 1879 the Burlington Glass Works started with the clear glass No Word Sweet Heart Crown. Later say 1881 Burlington Glass started their green aqua Imperial quarts and half gallons Heart Crowns . Please read notes on the Sweet Heart Crown Jars. Hamilton could not enforce the patent, this is why all Canadian Glass Co's made Crown jars with no legal action.
In his book Glassmaking in Canada Hans Peter Behn (great book if you can get one) on page 27, has both Burlington and Hamilton importing jars from the U.S. from July to December 1875. Some came from Clinton and some from Fort Erie.
While he finds reasons for this I believe it could well have been as a result of the expected Supreme Court ruling mentioned above in 1876 which had been heard in the Circuit Court of New York earlier and had the same verdict. So the Canadian works both wanted to legally purchase some of the Gem and other jars coming across the border and use the same names to fill the Canadian needs. This is about the time the Rutherford Gem jars began (1877) .
According to to Behn " The Gem " was registered to Salmon Boswick Rowley on March 11th 1878 ( I feel it was too late as the name had become public domain ) and assigned to the Diamond Flint Glass Co. February 16th 1906, yet it does not seem to have been assigned to the Hamilton Glass Works who made THE GEM and GEM jars for years . This shows me it was not enforceable .
The Burlington was registered February 2nd 1877 his patent papers were filled out November 30th 1876. Please see write up on the Burlington jars.
The Darling was registered February 7th 1881. Please see write up on these and the EGCo. jars .
The Best was registered May 22th 1895 . Please see write up on these and the Pansy jars .