Glen Affric Pakistan copy

[OC Richard]

It didn't take the Pakistani weavers long, did it?

https://www.ebay.com/itm/38704697841...ZAY7QR3RQW2BPH

[figheadair]

It didn't take the Pakistani weavers long, did it?

Indeed. Unsurprising and disappointing in equal measure. A breach of copyright (mine) and UK Design Registration (The STA), but wh3n has that ever bothered the seller, or indeed some buyers.

[Tomo]

A breach of copyright (mine) and UK Design Registration

The challenge in these cases is always one of enforcement - especially in terms of damages or account for profit - although if the goods are in the UK seizure and delivery up are always an option, esp. if you can get trading standards on your side.

A few years back (when I was still in private practice) a client of mine had a large quantity of England football polo shirts seized. I can't remember if they were for the Euros or World Cup - but Umbro certainly over-stated their case - it later transpired that the alleged infringement didn't even pertain to rights owned by Umbro - let alone that any rights had been infringed (the polo shirts where somewhat generic, did not include Umbro or the FAs branding or look anything like the Umbro kit design). So no damages were paid - and although my client lost thousands of items of stock (as they had already been destroyed) and business he was not prepared to seek compensation.

[OC Richard]

Certain brothers were sued for weaving and selling bogus Isle of Skye tartan, I read that there was an "interim injunction".

They were also weaving and selling unauthorised Princess Diana Memorial Tartan.

Soon Glen Affric will be seen in half the tat shops on the Royal Mile, I reckon.

[Troglodyte]

Indeed. Unsurprising and disappointing in equal measure. A breach of copyright (mine) and UK Design Registration (The STA), but wh3n has that ever bothered the seller, or indeed some buyers.

Can you not take this up with eBay?

They seem overly keen to destroy genuine and legitimate sporrans, so you would think they would be equally keen to comply with a breach of copyright issue.

Are they not handling and promoting counterfeit goods by allowing the listing, which is an offence in itself, I believe.

[OC Richard]

Now the same Pakistani seller has two Ebay listings, the first with a simple computer-graphic image of the tartan pasted over a kilt diagramme, the second using this photo which is almost certainly an image they stole online, perhaps from a member here.

There's probably only one gent with a Glen Affric kilt and that particular sporran and belt.

[tripleblessed]

the second using this photo which is almost certainly an image they stole online, perhaps from a member.

Speaking of being stolen from a member, just below the photo of the kilt, there are additional ads. Modeling a great kilt for sale is someone who looks suspiciously
like a member here. It is arguably within the realm of possibility that it is legitimate usage, but methinks I would only accept that from him. @Panache

[Panache]

Speaking of being stolen from a member, just below the photo of the kilt, there are additional ads. Modeling a great kilt for sale is someone who looks suspiciously
like a member here. It is arguably within the realm of possibility that it is legitimate usage, but methinks I would only accept that from him. @Panache

What a terrible photo! Needless to say they didn't ask my permission.

That was my first attempt at a great kilt/belted plaid and it felt like I was drowning in tartan. Who on earth would want to buy one based on that photo! OH MY!

Cheers

Jamie

[Tobus]

Indeed. Unsurprising and disappointing in equal measure. A breach of copyright (mine) and UK Design Registration (The STA), but wh3n has that ever bothered the seller, or indeed some buyers.

Does UK copyright protection extend outside the UK? If they are weaving this tartan in Pakistan and selling it in the US, is there any legal avenue to do anything about it from within the UK? I would think there might be countries who recognise each others' copyrights, but I wouldn't know where to begin finding that out.

[figheadair]

Does UK copyright protection extend outside the UK? If they are weaving this tartan in Pakistan and selling it in the US, is there any legal avenue to do anything about it from within the UK? I would think there might be countries who recognise each others' copyrights, but I wouldn't know where to begin finding that out.

Here, copyright lies with the individual but trying to enforce it outside of the UK is expensive and, in the case of Pakistan/India/China, likely to be ignored. However, challenges to advertising on eBay and the like is likely to be more successful as there is reputational risk for the platforms to continue to carry adverts once they have been made aware of breach in Copyright and Design/Intellectual Property Rights.

I'm sure that there might be some in the US who might be tempted by the knock off but if they posted a picture they would be inviting comment on the unauthorised nature of the cloth.