Cheap gnome imports threaten European trade war!? Gosh,
read on...
INVASION of the WALNEY GNOMES
our copyright expert Reg Trademark investigates
For many years now, one of the most popular lines in the Barrow AFC Souvenir Shop in Cavendish St. has been the replica garden gnomes made in the image of famous players of the past. Taken from action photographs of the players, the gnomes are a faithful likeness and are lovingly crafted and hand painted in the authentic club colours of the time.
The most popular line is of the three FA Trophy winning goals at Wembley in 1990; Colin Cowperthwaite's glorious diving header and Kenny Gordon's equally marvellous pair (of headers, that is). Normal price is £12.50 each, but this set is available at a special price of £25 for the three. The more observant of you will no doubt have noticed the proliferation of these gnomes in gardens all over town, from Hawcoat to Roose, Croftlands to North Scale.
Another popular set is the Division Four promotion winning side from 1967, available at the special price of £250 for the complete eleven. Who could forget those players; Tony Field, Ron McGarry, Jimmy Mulholland and the rest? To have a whole team of them in your garden keeps those memories alive in a unique and special way. Some people like to line them up for the kick off, others like to relive special moments in Barrow's history, like Cowps 3.55 seconds goal at Kettering which is reputed to be the fastest ever scored in a football match.
Now these garden gnomes, which have given so much innocent pleasure to thousands of Barrow fans, are at the centre of a trade dispute with the European Community which is threatening the very concept of free trade. "All I want to do is to sell my garden gnomes to the Soccer Shop and the Barrow fans who are the best in the whole of non-League," said Mr. Ernie Southwaite outside his small factory. "If the European Community means anything at all, it should be about free trade. Our gnomes represent many of the things that are wrong with the EEC."
Mr. Southwaite has been manufacturing his gnomes for two years in a small workshop in Biggar Village. "The Barrow supporters love my gnomes. They are much, much cheaper than gnomes made elsewhere in Europe. Here's a real opportunity for competition." he explained.
Business has been brisk. Mr. Southwaite and his staff of six were making 480 plaster and 200 plastic gnomes a month. "We would just go across Walney Bridge and sell them. We were selling the big gypsum gnomes for £5 and the plastic ones for £12.50. Normally gnomes like this would cost over £30."
Then things started to go wrong. "We have been sending the gnomes to Barrow fans all over Europe; to Germany, Belgium and even into Eastern Europe," said Mr. Southwaite. "Then one day I got a letter from a Customs and Excise official. They said I was selling my gnomes too cheaply and that we'd pirated the design. But I give £1 from every gnome I sell to the club and I don't make any other types of gnomes except Barrow players, so I don't see how they can have any complaint about us. Now they won't let my gnomes cross Walney Bridge.
"But what is it all about? Business is business. I think one of the big pottery manufacturers from down South tipped them the wink. All I'm trying to do is give a little enjoyment to the people of this town. What, with all the redundancies at the shipyard, there's not much to smile about. But if you can look out of your window into your garden and see your favourite Barrow player scoring a goal, well, it's bound to cheer you up."
Customs and Excise officials, who spend a great deal of time cracking down on counterfeit goods, say they are simply applying the law to the Walney gnomes.
Mr. George Patterson, the senior Customs officer for NorthWest England said from his office in Manchester that his staff were trying to stem a flood of pirated goods which were being dumped into Europe at prices which threatened the survival of the established European manufacturers.
"English designs and other labels, whether they relate to perfume, clothes, sportswear, or tape cassettes are being copied and produced very cheaply in offshore islands all over the Community and making their way in at artificially low prices - garden gnomes included. This is called dumping and contravenes the Community's anti-dumping laws. I'll show you what I mean."
Mr. Patterson took out a large file containing photographs of garden gnomes. "You see these gnomes. These are authentic English garden gnomes, made in the Potteries to an original design and protected by patent. And on this page here you can see the original German gnomes made by Dresdener China, which are similarly protected. Now this one is clearly the model for your Colin Cowperthwaite gnome. And this is your Kevin Proctor. These designs have been copied and if anyone tries to copy these designs, even by disguising them as footballers, we cannot allow them into the country.
"Now if this wasn't enough," Mr. Patterson continued, "These Walney gnomes are being sold at a price which the main manufacturers cannot compete with. They can't even buy the materials for the £12.50 that these Walney gnomes are sold for. EC laws are clear. You cannot infringe patents and you cannot undercut established makers by such a large margin. These gnomes are illegal and cannot be sold anywhere in the EC."
"The Walney manufacturer can apply for a licence to copy and produce an authentic English garden gnome," Mr. Frank Stephens, an official at the patent office said. "He can pay a symbolic licence fee by seeking permission from the Potteries' firms who hold the copyright. And then they would be free to sell their gnomes here in England."
Potteries gnomes manufacturers, however, are not keen on selling their copyright. Wedgwood, one of England's oldest companies specialising in garden gnomes, believes it is a question of the preservation of quality.
"We have been making and painting our gnomes by hand ever since we began back in 1780," said Mrs. Hilda Tipton for Wedgwood. "We sell about 70,000 garden gnomes each year. Our gnomes are expensive. The 70cm high ceramic gnomes cost £120 and the plastic ones cost between £45 and £70. But people pay for quality. I am not so sure this quality can be made on Walney."
Mrs. Tipton admitted, however, that the Walney gnomes were introducing some competition into the market. "Of course, it is a question about protecting our copyright. But it is also about being exposed to more competition."
The Walney gnome manufacturer has tried to get round the obstacle by selling his gnomes on the road next to the bus shelter opposite the Ferry. "I can't sell my gnomes to the Soccer Shop anymore. So I sell them on the roadside," said Mr. Southwaite. "But the police keep confiscating my stock and moving me on. I do not understand any of it. I keep my prices low by using local materials, red earth from Roose and sand from Aldingham which gives my gnomes their special lustre and feel. I'm providing work for the local community, but they want to close me down. I've asked the council and MP for their help, but they just don't want to know."
"If we can't sell the gnomes in Barrow, I am sure that the soccer fans will come to Walney to buy them," said Mr. Sam Perry, deputy director of the Economic Development Office for South Furness. "Over 15,000 Barrovians crossed into Walney last year. I reckon they spent an average of 37.5 pence, mainly on the pay and display car park at Earnsie Bay. This has already boosted the economy of Walney and with our plans for the development of the sea front, we hope to attract tourists from all over the Lake District to spend a couple of days here. The overnight stay may be a problem as there's no hotel, but we are still working on that one. We might convert the old airsheds at Walney Aerodrome."
This is little comfort to Mr. Southwaite. "I can't live off selling the gnomes on the roadside. The soccer fans won't cross the bridge. It's a long walk from Holker St. So now I have to walk across Walney Channel at low tide and make my way over to Cocken Tunnel which is just down the road from the soccer ground. There I can earn hard currency from the football fans and not get seen by the Customs. But it's a dangerous journey. And that tunnel is very cold and damp. I feel like a pervert skulking in the dark. But what else can I do?"
Issue 022 - May 1995
