UNITE starts initiative to bring crystal back to Waterford – Waterford Today

UNITE trade union has launched an initiative for a legal campaign to force the current owners of Waterford Crystal to repatriate manufacturing of the brand to the city. The launch took place at their headquarters in Keizer Street, Waterford by Jimmy Kelly and Walter Cullen, both full time officials of the Union who formerly worked most of their lives in the former Crystal plant at Kilbarry, Waterford. Also in attendance were Mr. Bernard O’Connor, Managing Partner NCTM and expert in European Law and Mr. Michael Glanzer, Business Consultant, New York.

Launching the press conference attended by print and electronic media, and six members of Waterford City Council, Mr. Jimmy Kelly, Regional Officer, UNITE made it clear that the legal action over the Waterford Crystal brand which will be taken at the Register of Trade Marks, based in Alicante, Spain was not a hostile action and was not directed against KPS a subsidiary of which owned the brand and who operate the House of Waterford Crystal in Waterford city. Recounting the 300 year history of the manufacture of Waterford Crystal he said the legal action was about ensuring that the brand which he maintained was a municipal brand owned by the community was about ensuring the future of the manufacture of crystal in Waterford. He said they would welcome the support of all organisations including the City Council, Chamber of Commerce, State Organisations and other organisations in the city.

Mr. Walter Cullen said that they would welcome the setting up of an Academy of Crystal production which would certify apprenticeships, and lead to a Degree in glass making. In answer to a question he said this could be done in association with Waterford Institute of Technology. He said that the average age profile of workers in House of Waterford Crystal was 54.

Mr. Bernard O’Connor, said that the registration of Waterford Crystal has a public element to it. He quoted from a case adjudicated by the CTM First Board of Appeal which found that: “A trademark composed of, or containing, a geographical indication, will as a rule be perceived by the relevant public as a reference to the place where the goods originate.

“The only exception to that rule is where the relationship between the geographical name and the products is manifestly so fanciful (for example the place is unknown and unlikely to become known, to the public as the origin of the goods) that the consumers will not establish such a connection.”

The document goes on to state that the same situation arises in relation to the production of crystal outside Waterford. Waterford Crystal are products for which the city of Waterford enjoys a reputation since 1783. Therefore, a trademark registered in respect of these products, which contains the word “Waterford” will logically be understood as having, as geographical provenance, the Irish city or county of Waterford.

He made it clear that this action was not an attack on KPS but rather an effort to maintain the link between production and the brand of Waterford.

Mr. Michael Glanzer, business consultant, in response to a query from Collr. Jack Walsh regarding outsourcing in other parts of the EU, and a query from Damien Tiernan, RTE whether KPS would pull out of Waterford, he said that “they are business people”. He also stressed the necessity to protect the skillset of Waterford Crystal through apprenticeships and said that without this the skills could be lost very quickly.

Mr. Walter Cullen also emphasised that they were not going back into the past but said this would be good for the local economy in Waterford and they welcomed the support of all bodies, including the City Council and the Chamber of Commerce. He asked the media to explain their rationale to the general public and cultivate their support.

Mr. Michael Glanzer also said that Waterford Crystal was one of the world’s iconic brands and it was worth a fight. “It is your heritage and you should go for it.” He paid tribute to Jimmy Kelly and Walter Cullen who he said displayed leadership “and it was fortunate you have two fellows prepared to roll up their sleeves” for the community. He said the Union was not adopting a passive role and the object was to bring back crystal production to Waterford. “We want the community to accept this and we want to approach this matter by consensus”.

Asked as to how the action would be paid for both Jimmy Kelly and Walter Cullen said the UNITE union had a fighting fund and this would be used to pay for the court action. They estimated that it could take twelve months for the initial case to be determined and depending on the outcome, this could then be appealed to the European Courts of Justice.

The six members of the City Council present were: Collr. Gary Wyse, FF; Collr. Jack Walsh, Labour; Collr. Davy Walsh, WP; Collr. John Hearne, SF; Collr. Sean Reinhardt, Ind.; Collr. Dick Roche, Ind. All six Councillors welcomed the initiative by UNITE and asked a variety of questions on the issue. They called for support from other Waterford organisations.