Jenny Thompson, in her
The Identification of English Pressed Glass, published in 1989, recognised that a Landseer painting
A Distinguished Member of the Humane Society inspired John Derbyshire's Newfoundland dog paperweights.
However there is more information available today. This can provide a better understanding of why these dog PWs were produced without a Trade Mark or Registration Lozenge.
Landseer was, perhaps, Victoria's favourite artist, painting most, if not all, of her children and pets. His death on 1 October 1873 was marked throughout England, with drawn curtains, flags at half-mast, and his Trafalgar Square lions bedecked with wreaths. His funeral was a sumptious affair, drawing large crowds, and ending with his remains being buried in Westminster Abbey.
When Trafalgar Square lions started being sold, it didn't take John Derbyshire too long to join in on the lucative souvenir/commemorative bonanza — just nine months. His Lion paperweights were registered on 3 July 1874, and were also trade marked with his JD over an anchor mark. No need for caution, after all the lions were public property, so it was most unlikely that problems would be encountered with any copyright vested in the sculptures.
It sold well. So well that he had to start a series to satisfy demand. He was most careful with each, quite deliberately registering designs when applicable. His Greyhound, Britannia, and Winged Sphinx were all registered and trademarked. However his Punch, Judy, and The Old Rugged Cross were just trademarked, almost certainly indicating that the designs were widely available in books, so registration as an original design was inappropriate. So it looks as if John Derbyshire followed the rules. ... as also did Molineaux, Webb & Co., with their Sphinx, for example.
Back to the dogs. Landseer painted several pictures featuring black and white Newfoundland dogs, including the one above,
Off to the Rescue, and
Saved. This last painting is quite a close match to Derbyshire's paperweight, so, as it was quite definitely protected by copyright, John Derbyshire, true to form, was rather more cautious, and had it made without any inscription identifying him and his glassworks. Or, to put it another way, his paperweight was rather more a "copy of" than an "inspired by".
Does this explanation make sense? Are there any alternative theories?
Bernard C.

Note that these black and white Newfoundlands are now known as Landseers.