In 1994, the AKC Labrador Retriever standard was revised to exclude dogs less than 22 inches at the withers (or 21 inches for bitches). Some breeders whose dogs no longer met the standard were part of an $11 million class-action suit against the AKC Labrador Retriever Parent Club (the national organization designated by AKC to represent the breed), claiming that height restrictions excluding shorter dogs no longer described the Labrador Retriever: if you make a bigger dog, you make a different dog. A litigant told me, “It’s perfectly reasonable to change a breed, but the dog should have a different name.” They tried and failed to trademark the name Labrador Retriever; the judge sided with the AKC parent club. The Border Collie war began in 1988, when the American Border Collie Association and others heard rumblings that some wanted to register the breed for conformation showing, which requires a breed standard. This idea didn’t go over well with herding trial enthusiasts; a Border Collie is what it does, not what it looks like. Any dog can enter an open sheepdog trial. There are no age, size, color, shape or breed restrictions, and registration is not required. Unlike registered purebreds, whose lineage must be proven in ancient studbooks, many Border Collie champions are registered on merit (ROM). In theory, a Pomeranian who could prove its worth at a sheepdog trial could, by performance, be called a Border Collie.
In the minds of many, AKC conformation specifications threatened 200 years of breeding for performance, not looks. Led by Donald McCaig, who retold the tale in his book The Dog Wars (2007, Outrun Press), the group prepared for battle: “Hands off the Border Collie! We own Border Collies. Our dogs are companion dogs, obedience dogs and livestock-herding dogs. For hundreds of years, Border Collies have been bred to strict performance standards and today they’re the soundest, most trainable dogs in the world. The AKC wants to push them out of the Miscellaneous Class and into the show ring. They seek a conformation standard [appearance standard] for the breed. We, the officers of every single legitimate national, regional and state Border Collie association, reject conformation breeding. Too often, the show ring fattens the puppy mills and creates unsound dogs. We will not permit the AKC to ruin our dogs.”
They filed to legally trademark the name but, like the Lab litigants, lost in court. In 1997, the first Border Collie was shown in conformation at Westminster. I was there that year and interviewed a handler/owner who had been instrumental in getting the breed registered and in writing the standard. I asked her how she did her research. “This dog is shown in Australia, the British Isles and New Zealand. So I read their standards and asked them what they would do differently if they could. I tried to emphasize movement and gait. The standard shouldn’t describe a still dog. The Border Collie is almost a vision of movement even when it is standing still … always poised on the brink of action. The head drops for a reason. It is common knowledge among Border Collie people. That’s why I didn’t include a description of the head in the standard. I thought everybody would know that.”