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  1. #11
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    Quote Originally Posted by Todd Bradshaw View Post
    how much do you need to modify the specific yarn count of a tartan to come up with something which does not violate anybody's intellectual property rights, yet still would appear to most people to be a specific tartan?
    Here, in the same waistcoat, are two different Indian Subcontinent-woven knockoffs of Isle Of Skye (by Kilts4less on Ebay)



    In spite of being taken to court, here is one of the Singh brother's subsidiaries, Heritage Of Scotland, selling dresses in Isle Of Skye knockoff tartan, renamed "Bella tartan"

    Last edited by OC Richard; 30th January 20 at 05:05 AM.
    Proud Mountaineer from the Highlands of West Virginia; son of the Revolution and Civil War; first Europeans on the Guyandotte

  2. #12
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    24th January 20
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    Quote Originally Posted by FossilHunter View Post
    That may be partly due to the sett size for PV usually being smaller.

    Here's a photo Riverkilt posted in a thread from 2010 that shows an example of sett size difference in two kilts (both Isle of Skye). He states in the original post that the left is Marton Mills 12oz polyviscose and the right is Locharron 16oz wool.
    Wow. I never would have expected the sett size difference to be that drastic.

    This thread's full of lots of good information. I figured if I bought one, I'd get one from USA Kilts - I know they're on the level. And this thread pretty much answers my questions on whether it's considered "acceptable", aside from the legalities of it. Thank you all for your answers!

  3. #13
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    3rd March 15
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    Quote Originally Posted by OC Richard View Post
    Mrs Samios owns the rights
    The thing is it depends what those rights are. I dug out some articles at the time of the case between Samios and the Gold Brothers back in 2008.

    As most are newspaper reports and lawyers veiw points it not entirely clear what the case was based on without seeing the pleadings.

    Certainly there is a reference to Mrs Samios having registered her rights at the Patent Office. That being the case this can only refer to registered design as you cannot register copyright in the UK (well other than some bogus, ********, private registers with no legal standing).

    From the info to hand - Mrs Samios secured and interim injunction (so on the face of it would have had a compelling case). However, regardless of that and the eventual outcome if (or to the extent) this related to registered design those right have now expired so there is nothing to stop anyone reproducing them - officially licensed or otherwise.

    I'm not saying it's right - but it's neither illegal or unlawful.

    I have also just taken a quick look at the Scottish Register or Tartans Act 2008 - this does not confer any additional rights of the applicant (or owner of the design) and include a meaning of "tartan" namely:

    For the purposes of this Act, a tartan is a design which is capable of being woven consisting of two or more alternating coloured stripes which combine vertically and horizontally to form a repeated chequered pattern.

  4. #14
    Join Date
    16th June 15
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    Madison Wisconsin
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    We're pretty much wool people around here and the Marton Mills IOS tartan we ordered for my wife to make a dress from was our first experience with Polyviscose fabric. We were very pleasantly surprised at how nice and rich the PV fabric is. After years of seeing racks of rather nasty looking, $99 acrylic kilts being sold at highland games it was nice to see a different non-wool tartan that had plenty of class.

    PV IOS dress:
    https://www.dropbox.com/s/gendogw5824gjps/ios5.jpg?dl=0

  5. #15
    Join Date
    24th September 04
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    Victoria, BC Canada 48 25' 47.31"N 123 20' 4.59" W
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    Just one of the many IOS Tartan kilts made by Barb Tewksbury. This one pleated to Sett in 16oz wool woven by Lochcarron.




    And a Marton Mills 13oz wool kilt I made for Panache. This one pleated to "No Stripe".



    And the pleat shot.



    And another I made. This time in P/V by Marton Mills.

    [

    My own personal IOS Tartan kilt made from 16oz wool woven by Marton Mills.



    This Tartan is one of those that looks great no matter which way you have the pattern display in the pleats.



    The Isle Of Skye Tartan was so popular on X Marks for a while it was almost the unofficial X Marks Hunting Tartan.

    Then the Pakistani weavers began to copy the design. One of them, when take to court, chose to simply change the name and call their fabric "Bright Skye".
    Steve Ashton
    Forum Owner

  6. #16
    Join Date
    18th October 09
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    Quote Originally Posted by Tomo View Post
    those right have now expired so there is nothing to stop anyone reproducing them
    Ah, I see. I didn't know Mrs Samios' rights to Isle Of Skye had expired.

    One wonders why the Singh brothers took the trouble to rename it "Bella" if anyone is allowed to make and sell Isle Of Skye.

    Anyhow the "no stripe" or "pleating to the block" shown above is how my Isle Of Skye (Lochcarron 16oz wool) is made



    (This is somebody else's kilt pleated the same way.)

    Here's my kilt

    Last edited by OC Richard; 1st February 20 at 08:13 AM.
    Proud Mountaineer from the Highlands of West Virginia; son of the Revolution and Civil War; first Europeans on the Guyandotte

  7. The Following User Says 'Aye' to OC Richard For This Useful Post:


  8. #17
    Join Date
    3rd March 15
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    Estonia
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    OC Richard - I have now had the time to check the UK IPO, as I thought Ms Samios must have registered this a design - the details are available online here:

    https://www.registered-design.servic...uk/find/600930

    but basically:
    • the registration was made on 14 January 1993 (the design was created in 1992 and there is a 12 month grace period in which to seek registration)
    • the registration lasts 25 years and expired on 14 January 2018
    • during the last 5 years it would be subject to a licence of right so anyone could have reproduced it - subject to payment of royalties

  9. #18
    Join Date
    6th July 07
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    The Highlands,Scotland.
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    Quote Originally Posted by MichiganKyle View Post
    I've seen some people say that the Isle of Skye tartan is universal. It certainly looks nice. I know it's modern, but so are a bunch of restricted tartans. It's classified as a district tartan, but it's much newer than the "district" it represents. So I guess I'm wondering (from an appropriate use standpoint): is officially-licensed Isle of Skye considered a universal tartan, or is it generally only considered proper for people who reside in or have ancestry from Skye itself?
    A bit late on this one. As far as I am aware the Isle of Skye is a rather nice fashion tartan and as such is universal and the name is just a name, although usefully chosen from a commercial point of view, that is coincidental rather than for specific area. I think a weaving company used to have exclusive rights to it, but I think, that licence has now lapsed.
    Last edited by Jock Scot; 5th February 20 at 07:23 AM.
    " Rules are for the guidance of wise men and the adherence of idle minds and minor tyrants". Field Marshal Lord Slim.

  10. #19
    Join Date
    3rd March 15
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    Estonia
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    Not sure if this is "official" IOS tartan but I did pick it up when I was in Uig last year:



    A great trip and looking forward to taking another bunch of Estonians up to Mull and Skye again this summer...
    Last edited by Tomo; 13th February 20 at 11:59 PM.

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