The drinking bird is a popular novelty item that many people have on their desk at work or home. It’s a fun gadget to watch as the bird bobs up and down appearing to “drink” from the glass of water below it. With the drinking bird’s widespread popularity, some may wonder if it is copyrighted or if they can produce their own version to sell.
What is the drinking bird?
The drinking bird is a heat engine that mimics the motions of a bird drinking out of a glass of water. It is also known as the dipping bird or Dunking bird. It was patented in 1945 by Miles V. Sullivan and Alfred W. Barber.
The bird has a glass bulb body that is filled with a colored liquid on the interior. Inside the hollow glass bulb are two tubes – one with the liquid extends into the head, and one with air that extends into the tail. When the bird is “dipped” into water, the liquid in the head tube heats up and expands, causing the air in the tail tube to be pushed up. This shifts the bird’s center of gravity and it tips forward appearing to “drink” from the glass of water. As the liquid in the head cools down, the bird tips back to an upright position. The constant heating and cooling of the liquid results in the bird’s perpetual dipping motion.
Is the drinking bird copyrighted?
The original 1945 patent for the drinking bird toy has expired which means the original design is now in the public domain. This means anyone can manufacture, sell, and distribute drinking bird toys based on the original expired patent design without violating any copyright.
However, there have been subsequent patents granted related to improvements and enhancements to the original drinking bird design. For example, patents have been granted for modifications like a protective solid base, color changing liquid, illuminating features, and automated motions.
Any drinking bird toys that utilize designs or features covered under newer active patents could potentially be infringing on an existing copyright. To avoid this, manufacturers would need to either license the patent for the specific improvement or modification or design their own version that does not utilize any features under current patent protection.
Important court cases related to drinking bird copyrights
There have been a few notable court cases related to drinking bird patents and copyrights including:
- Miles V. Sullivan vs. Hallmark Cards Inc. – In 1989, Sullivan who owned the original 1945 drinking bird patent sued Hallmark for copyright infringement. Hallmark was selling a drinking bird that utilized the same basic design and motion principles. The courts ultimately ruled in favor of Sullivan determining that Hallmark’s bird mimicked the distinctive features of Sullivan’s original patent too closely.
- Innovation Ventures, LLC vs. J.M. Originals Inc. – In 2008, Innovation Ventures sued J.M. Originals claiming patent infringement over J.M.’s Auto Dipping Bird which added automated motions to the drinking bird design. This case highlighted the need to obtain proper licensing when modifying or improving existing patented products.
- ThinkGeek Inc vs. All Star Gifts et al – In 2009, ThinkGeek filed a suit against several retailers for infringing on their exclusive licensed rights to produce illuminated drinking bird novelties. ThinkGeek had an exclusive licensing arrangement with original patent holder Humberto Gutierrez.
These cases demonstrate the complexities around copyrights and patents related to the drinking bird. While the original design is in the public domain, subsequent enhancements and modifications may still be under active patent protection. Manufacturers have to be careful not to infringe on any active patents with their own drinking bird designs.
Commonly used materials in drinking bird manufacturing
The most common materials used in the manufacturing of drinking birds include:
- Glass – The bulb body is traditionally made of glass. Glass allows for visibility of the colorful liquid inside the bird and provides transparency to view the inner chambers and tubes.
- Copper – The tubes extending into the head and tail are typically made of copper or other heat conductive metals. The malleable nature of copper allows the tubes to be shaped as needed.
- Liquids – Various liquids can be used inside the bird to create colorful designs. Common options include methylene chloride, dichloromethane, and chloroform which all have suitable coefficients of expansion when heated.
- Counterweights – Small weights are attached at the bottom of the bird to lower its center of gravity and allow it to tilt back and forth in the drinking motion. Common materials for weights include steel, zinc, and lead.
- Labels/Decorations – Many drinking birds feature custom exterior decorations or brand logos applied via labels or directly imprinted/etched onto the glass surface.
The combination of glass, copper tubing, liquid, and small weights provides a dynamic system that results in the oscillating and bobbing motion that makes the drinking bird novelty item work.
Main producers and manufacturers
Some of the major global producers and manufacturers of drinking bird toys include:
- Kikkerland Design Inc – Located in the Netherlands, Kikkerland is one of the most popular contemporary producers of drinking birds featuring colorful glass artistry.
- Rhode Island Novelty – This company based in Rhode Island manufactures the traditional glass drinking bird in high volumes for sale in novelty and gift shops.
- Sunnytech – As a major Chinese manufacturer, Sunnytech mass produces low-cost drinking birds for wholesale and OEM customers. They offer various customization options.
- Kaslan Corp – This California company has trademark rights to the iconic “Bobble Bird” brand of drinking birds featuring a distinct bobbling head motion.
- HobbyTron – An American wholesaler that imports economical drinking birds in bulk quantities for resale by hobby, toy, and magic stores.
There are also many small craft businesses and artists that produce handmade luxury or artistic renditions of the traditional drinking bird. It is easy to find cheap bulk-produced drinking birds or pay more for versions with unique artistry or engineering.
Price ranges
Drinking birds can range dramatically in price from a couple dollars to hundreds based on factors like:
| Low Price Range | Features |
|---|---|
| $2 – $15 | Plastic or glass basic drinking bird |
| $15 – $50 | Mid-range glass drinking bird, more ornate designs |
| $50 – $100 | Unique artisan drinking birds |
| $100+ | High-end craftsmanship, exotic materials, custom engineering |
Mass manufactured plastic birds from Chinese factories can sell for just a couple dollars. On the other end of the spectrum, hand-blown glass birds with precious metals and custom movements can sell for hundreds of dollars.
The average retail price for a standard desktop drinking bird toy sold through a gift shop is typically $10 – $30. There is a lot of variety in terms of sizes, colors, base shapes, and materials to impact pricing.
Future outlook and conclusion
The drinking bird has endured as a popular desk toy and novelty gift for over 70 years. With its vintage roots but enduring appeal, the drinking bird doesn’t appear to be going away anytime soon. Companies will continue manufacturing these toys in all sorts of different styles, colors, and motifs.
Copyright and patent laws will always play a role in what innovations are allowed. But as long as there is demand for these bobbing bird novelties, plenty of manufacturers and artists will find ways to supply unique variations on this classic toy. Drinking birds remain a fun distraction both young and old and make the perfect present.
