Canadian Designs: Crystal Head Vodka

Canadian-distilled Crystal Head Vodka was launched in 2008 by business partners Dan Aykroyd and John Alexander. The skull-shaped quartz crystal bottle was inspired by the legend of 13 crystal skulls, which are thought to offer spiritual power and enlightenment. (For younger readers, Dan Aykroyd is an Ottawa-born entertainer and media personality whose early fame in the 1980s came from his role as an original cast member of Saturday Night Live). The Liquor Control Board of Ontario initially banned the sale of this brand of vodka in Ontario because the grinning skull-shaped bottle was considered too appealing to underage drinkers. After a letter-writing campaign from fans of the spirit and the introduction of a more conservative container to tone down the skull imagery, the ban was finally lifted in October 2011. The vodka is quadruple-distilled and triple-filtered, including a filtering step through Herkimer “diamonds” (naturally-occurring crystals found at ground level in Herkimer, New York). The vodka is made using water from Newfoundland aquifers, and the mash includes Canadian corn and wheat. Although the vodka itself has achieved significant critical acclaim, it is the bottle that attracts the most attention. The bottle was designed by John Alexander, who is a noted artist, based on the Mitchell-Hedges skull, one of the 13 crystal skulls, reportedly discovered by Anna Mitchell-Hedges in Lubaantun, Belize in 1924. Canadian wine critic Beppi Crosariol once estimated that each empty Crystal Head bottle alone is worth about $20 CAD, apart from his estimate of the value of the super-premium vodka contents. Over 2 million bottles have been sold in North America. Crystal Head bottles are considered collectors’ items. Containers and bottles make up a large segment of industrial design filings in Canada, so it is not unexpected that the Crystal Head bottle is a registered industrial design (see drawing at right above). However, the Crystal Head bottle is an interesting intellectual property case study, since it illustrates the use of multiple forms of concurrent intellectual property protection. In addition to industrial design protection, the manufacturer, Globefill Inc, has filed for a number of trade-marks, including the word and design marks CRYSTAL HEAD and SKULL, a three-dimensional product packaging mark, and a distinguishing guise on the distinctive shape of the skull bottle. Distinguishing guise marks are particularly difficult to register since they require proof of acquired distinctiveness. The use of simultaneous trade-mark and industrial design protection can be a good strategy because the industrial design (which is usually relatively quick to register and has few formal requirements) brings an immediate form of exclusivity, during which time goodwill and source association can accrue to strengthen the trade-mark. The term of an industrial design is 10 years in Canada, but a trade-mark potentially can endure forever, provided it continues to be used. In the case of Crystal Head Vodka, it seems there are multiple features leading to its cachet, perhaps even a hint of the paranormal. Summary by: Jennifer Jannuska