X Marks the Scot - An on-line community of kilt wearers.
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28th July 07, 03:08 PM
#11
wow---
First NEVER design a webpage at midnight-I have made corrections to the 2 tartans and will reload page later
We have not carried the Irish national because it carries a trademark/copyright which is in place in the USA - at least to our understanding
-as far as the Pride of Scotland there seems to be no trade mark in place - now I will say if we are apprached by a representative of the company and it stands up..we will remove those products..
---SOME LEGAL STUFF---
"Legal Restrictions
Tartan is not protected by statute, even in Scotland. However there are commercial steps that might be taken to protect a given tartan. The design might be copyrighted, though this could be difficult to enforce even within states complying with the Berne Convention. The woven cloth might be registered under the UK Design Act and this can lead to punishing compensation if others manufacture it, within a UK context. Also, the name of the tartan might be trademarked for the tartan product, within relevant national regulations, but then the design itself is not protected with the name."
Now We have run a search on the USPTO (United States Patent & Trademark Office) and there are not trademarks on Pride of Scotland
Also a search of the copyright office shows no copyrights
I have at least 10 books that show tartans by clan and also some corporate tartans-depending on the one you look at- the colors will vary at least to a certain degree and in some cases they may vary greatly- some tartans are older or newer and may not be recognized by the current Clan Chief, Some setts are bigger, some smaller, some colors darker, some stripes wider some thinner
in most cases we try to make sure we are selling a product which is as close to the originally as can be.
By the way-Good Catch Matt
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