Don't copy a tartan...

[Paul Henry]

Copyright tartan decision
Interesting news about tartan copying, and the result if you are caught!

[artificer]

Copyright tartan decision
Interesting news about tartan copying, and the result if you are caught!

Good.

IP thieves and knock-off artists deserve their own special circle in the underworld.

My $0.02

ith:

[Tobus]

Surely this sort of ruling is only applicable to corporate tartans, yes? I mean, if someone were to "copy" a traditional clan tartan by changing one or two colours and marketing it, they wouldn't be found liable under the same type ruling, would they?

[LitTrog]

Doesn't Moon's "original" Skye Sage look an awful lot like an Isle of Skye tartan, which has, as I understand it, its own protections in place? Looks like they borrowed pretty blatantly themselves. Or am I waaaay off?

Other than that, I'm with Artificer.

[Grizzly]

This is very interesting in the light of my recent post about a change to the colourway in my Taylor Ancient Tartan. I had a play around on Scotwebs tartan designer as I wanted to retain the pattern but changed one of the colours from green to brown. Tobus then pointed out that my "new" design was very similar to DC Dalgleishs' own reproduction Taylor Tartan. This was a complete accident on my part as I wasnt aware of the DC Dalgleish tartan before I changed the colours.

As neither the Lochcarron original or the DC Dalgleish are corporate tartans had I better go in to hiding in case my variation has broken some rule in some way or as it would be purely for my own use is that ok?

Do I need a lawyer? Shall I book a flight to a country with no extradition treaty?

[Paul Henry]

I wouldn't be too worried!
This case is about the defrauding of the rightful owner of the tartan by someone trying to cash in on a successful design.
It's not about corporate tartans per se, simply someone who has copyrighted a design has the right to say who can or cannot use it!

This is very interesting in the light of my recent post about a change to the colourway in my Taylor Ancient Tartan. I had a play around on Scotwebs tartan designer as I wanted to retain the pattern but changed one of the colours from green to brown. Tobus then pointed out that my "new" design was very similar to DC Dalgleishs' own reproduction Taylor Tartan. This was a complete accident on my part as I wasnt aware of the DC Dalgleish tartan before I changed the colours.

As neither the Lochcarron original or the DC Dalgleish are corporate tartans had I better go in to hiding in case my variation has broken some rule in some way or as it would be purely for my own use is that ok?

Do I need a lawyer? Shall I book a flight to a country with no extradition treaty?

[RockyR]

I find this interesting and a bit disconcerting. Generally, changing a main color (grey to brown) of a tartan is considered to be enough of a change to warrant a new listing in the Tartan Register. Heck, someone took my "German Heritage" tartan and changed the gold stripe to maroon and called it the "Greatest Scot" tartan with the rest of the tartan intact "as is". The STA DID approve it (I emailed Brian Wilton and he said it was a big enough change to make it different) even after I objected.

How is changing a single stripe of a copyrighted tartan any less than changing 1 of the main 2 colors? I can see that the design is different. I can see that they just changed one main color, but honestly, I'm surprised they went that far and I'm surprised that the court found in their favor. Does this mean that ALL tartans that are color variations are 'suspect'?

What about a "shadow check" tartan... since it's black on black, can that idea be copyrighted and therefore infringed upon?

What about grey on grey on grey (like Highland granite or Sterling or Grey Granite, etc) tartans?

Don't like the can of worms this could open.

[madmacs]

So the Tilted Kilt is going to come up with a "cunning plan" to sue everyone producing royal stewart right?

However...

Isnt this a case of me asking rocky to design a tartan for me (he'd own the intellectual copyright) which he then produces, after a while he jacks his prices up (we're talking hypotheticals here) so I go to another mill with a piece of it and they say they'll make it cheaper so I start buying from them...

I suspect there's more to the case not being reported...

[Moski]

The guts of this remind me of the case of "those brothers" who were accused of copying Isle of Skye but using garish colors. Changing one color is less than the difference in Ancient, to Modern, to Reproduction. If I chand the grille on my Camaro can rename it and sell it as something else?

[KenB]

This is interesting. I can't wait to see all the fallout. Also, I'm wondering if some of our Tartan Authority's folks would like to cast an opinion. Matt, Peter, where are you when we need you? And, was Peter consulted by the plaintiffs solicitors prior to the case being heard?