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11th September 08, 03:23 PM
#31
 Originally Posted by Tommy Hunt
Personal opinion only of course but I don't think it's proper to wear a tartan that you have no connection too. It doesn't make sense to have all these clans we can join with tartans we can identify with only to say it doesn't matter who wears what. It makes the clan association (pride we feel wearing our family tartan etc) somewhat irrelevant. Sure there's no tartan police and that's as it should be but I think wearing another clan's tartan without any connection to it waters down the meaning of wearing clan tartans. I'm going to treat all tartans as I would the balmoral.
I heartily concur, Tommy.
Kilted Elder
Chaplain & Charter Member, The Clan MacMillan Society of Texas [12 June 2007]
Member, Clan MacMillan International [2005]
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11th September 08, 06:16 PM
#32
 Originally Posted by Larry124
Depends on the occasion and venue.
Where some may know the tartan by name, will you be comfortable in conversation?
Where none will know tartan, you will still know it's name. Will you be comfortable in it?
Very good! I think that sums up much of this discussion. I personally will not wear a tartan with which I have no connexion, including the universal ones. I will, for instance, wear the US Navy tartan, been there. I will not wear a district tartan from a place I have never lived, much less visited.
The pipes are calling, resistance is futile. - MacTalla Mor
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11th September 08, 10:25 PM
#33
 Originally Posted by Jock Scot
I cannot speak for Her Majesty, but I rather suspect that the Balmoral tartan actually belongs to her, just as the Balmoral estate tweed belongs to her. Estate tweeds do belong to a person and as such have a copyright.I would think that it would be very unwise for anyone to weave,sell or wear a Balmoral tartan without the owner's consent.We are very proud and possessive of our Estate tweeds(tartan?) in Scotland and it is not unknown for court action to take place to protect some one's personal property.
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.
- The Beertigger
"The only one, since 1969."
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11th September 08, 11:54 PM
#34
 Originally Posted by Beertigger
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.
Last edited by Jock Scot; 12th September 08 at 02:25 AM.
Reason: can't spell
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12th September 08, 09:26 AM
#35
 Originally Posted by Jock Scot
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.
I'm not advocating it (I'm not that fond of Balmoral anyway), just sayin' anything relating to clothing (useful articles) is very difficult to protect as IP in the U.S.
- The Beertigger
"The only one, since 1969."
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12th September 08, 09:38 AM
#36
 Originally Posted by Beertigger
I'm not advocating it (I'm not that fond of Balmoral anyway), just sayin' anything relating to clothing (useful articles) is very difficult to protect as IP in the U.S.
We have a saying over here: "The difficult we do at once. The impossible takes a little longer."
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12th September 08, 09:50 AM
#37
 Originally Posted by Beertigger
I'm not advocating it (I'm not that fond of Balmoral anyway), just sayin' anything relating to clothing (useful articles) is very difficult to protect as IP in the U.S.
It would have nothing to due with clothing.. ie. the cut, shape or style. It would revolve around the sett, or in laymans terms the pattern. The unique pattern of the Balmoral is what would be protected as an indenifying symbol of the Royal Family, no different than a company logo.
Frank
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12th September 08, 05:23 PM
#38
 Originally Posted by Highland Logan
It would have nothing to due with clothing.. ie. the cut, shape or style. It would revolve around the sett, or in laymans terms the pattern. The unique pattern of the Balmoral is what would be protected as an indentifying symbol of the Royal Family, no different than a company logo.
Frank
Frank is, in this instance, absolutely correct. By extension this same argument is used to protect coats-of-arms in countries outside the jurisdiction of the issuing authority.
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12th September 08, 07:29 PM
#39
The question has been answered, but my personal preferences are as such-
When I'm being Kyle Cassidy, in the ring or at a wrestling event, I'll wear a variety of tartans. I wear the Braveheart, Gordon, Wallace, and Black Stewarts in the ring.
When I'm being Kyle Mattingly, the real life version of me, then I try to stick to fashion or universal stuff. Occasionally I'll strap on my Wallace or Gordon or something, but only for running around in, not if I'm specifically going anywhere important.
When I buy my first Semi-Trad or wool kilt it'll be in the Buchanan tartan, as I'm a Harper on my father's side and have the connection. That would be the only thing I'd consider wearing to a formal event or anywhere where someone would know the difference.
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12th September 08, 07:46 PM
#40
the Special Forces tartan is also limited- you need to prove (with military papers) that you were a part of the Special Forces in order to obtain the tartan. As a Special Forces vet, I would be upset to see a non green beret wearing it.
Haxtonhouse
The Fish WhispererŽ
___________________________________________
That which does not kill us makes us stronger.
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