Can anyone wear any tartan?

[Jock Scot]

In the U.S., copyright is not available for useful articles, including clothing. That's why you see knock-off fashions appear a couple months after designers show their stuff on the runway.

One can trademark the distinctive features of a useful article, so it would be possible to trademark a tartan pattern - as 3M has done with their 'scotch tape' patterns. Trademarks are more limited in scope than copyrights, and generally apply to a certain area of business.

The only trademarked tartan pattern I know of that's generally made into kilts is the California State tartan. There might be more, but a quick glance at the USPTO doesn't show any.

Well alright I am no legal expert,certainly on the international scene, but I have personal experiance of defending, successfully, my estate tweed from others who tried to copy it. Without going into detail, the people involved "designed", I believe inadvertantly, a tweed pattern that was too close to mine.The case was eventually settled out of court to my advantage.

Now, if my supposition is correct about the Balmoral tartan belonging to Her Majesty I have no doubt that every legal avenue would be explored to prevent the theft of her property.