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03-06-2007, 02:39 PM
|  | Has not logged in for 1 year | | Join Date: Sep 2006 Location: South Central Missouri
Posts: 1,634
| | | Tartan Law Suit - LL Bean & "Maine" tartan
A tartan design with Nova Scotia roots is the subject of a lawsuit in the United States.
In 1964, Sol Gilis of Yarmouth designed the tartan with the state of Maine in mind. Light blue for the sky, dark blue for the water, green for the forest, and a red bloodline for the people of Maine.
Jane Holmes of Plymouth, Maine, says she acquired the rights to the tartan design in 1993, and since then has overseen the manufacturing of the tartan cloth, which she has made in Scotland.
Holmes is suing U.S. retailer L.L. Bean for using the design in its Americana Tartan Shirt, claiming the company did not have permission to use it.
L.L. Bean is defending its use of the design, arguing the tartan is in the public domain because it is widely recognized as the state tartan of Maine.
Holmes claims that's not the case and says Gilis might have been inspired by Maine when he made the tartan, but only she has the right to use the pattern.
Holmes wants U.S. District Court in Maine to award her damages and stop L.L. Bean from selling any items with the tartan design. L.L. Bean has until March 19 to respond to the lawsuit in court.
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03-06-2007, 02:52 PM
|  | | | Join Date: Mar 2005 Location: Near Santa Fe, New Mexico
Posts: 1,395
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This post did not go where I thought it was headed. I was thinking a 3-piece suit from tartan material worn in the court of law!
Either way, interesting read.
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03-06-2007, 02:56 PM
|  | | | Join Date: Dec 2006 Location: O'Fallon, MO
Posts: 138
| | | depends
Well first question, is it made exactly the same or does it just have the same colors in a different "design"? Or is it exactly like the tartan? If it is then I think there is a problem, if it only has the colors but not any other resembling of the tartan, then no harm, no foul. Then it’s just a coincidence. A pic would help.
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03-06-2007, 03:01 PM
| | Has not logged in for 1 year | | Join Date: Oct 2006 Location: Albuquerque, NM
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I think it is wonderful tht the owner of the tartan is willing to fight a big name company like LL Bean to keep what is rightfully hers. The least a company like LL Bean could do is pay the proper royalties for the use of a copyrighted pattern. but maybe I am wrong to think that.
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03-06-2007, 03:04 PM
| | | | Join Date: Dec 2006 Location: O'Fallon, MO
Posts: 138
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Angel923, I agree as long as it is clearly a copy of her pattern and weave. Sometimes there is more to the story. I know they are saying they the pattern is being used, but is it exactly the same pattern or simliar. If it is the same pattern LLBean has steped over the line and owes her the right of use.
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03-06-2007, 04:29 PM
|  | | | Join Date: Dec 2006 Location: Burlington, Ontario, Canada
Posts: 6,045
| | Quote:
Originally Posted by chasem  This post did not go where I thought it was headed. I was thinking a 3-piece suit from tartan material worn in the court of law!
| Keep it quiet chasem or else Cessna152Towser will be jonesing, and he just got his camo kilt to go incognito.
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03-06-2007, 07:37 PM
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I didn't realize that someone could "acquire the rights" to a Tartan design in the USA. Is there such a thing as a Tartan copyright?
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03-06-2007, 07:55 PM
| | | | Join Date: Mar 2005 Location: Near Santa Fe, New Mexico
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oh, I hadn't thought of that. Maybe we should get that made into a reality somehow. I wouldn't mind seeing it afterall.
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03-06-2007, 08:14 PM
|  | Has not logged in for 1 year | | Join Date: Jan 2004 Location: Southwestern Ontario
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The story is about money. The tartan is an incidental... a minor detail.
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03-06-2007, 08:14 PM
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Forum Historian  | | Join Date: Jun 2004 Location: Southwest Missouri
Posts: 9,712
| | | moved thread...
Moved to heraldry & tartans section.
TJW
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