X Marks the Scot - An on-line community of kilt wearers.
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9th September 07, 08:32 AM
#11
 Originally Posted by M. A. C. Newsome
Trying to precisely define the term "kilt" is actually quite difficult. I've had conversations about this with the good folks at the STA in the past. I fully understand and sympathize with the need to protect Scotland's national garment and prevent false advertising (more on that later), but attempting to do so by limiting the use of the term "kilt" will create a nightmare.
Here's what I mean. Can you define a kilt by the amount of yardage? ...
Can you define a kilt by the type of cloth? ...
Can you define a kilt by where it is made? ...
Can you define a kilt by how it is made? ...
Of course you can define a kilt in any of the ways set out above, or any other way that you want to. Legislatures do it every day.
Every law school student has studied the case law that evolved after oleomargarine was invented, and competed in the marketplace with butter back in the early 20th century. Some legislatures were controlled by the dairy interests, some by makers of margarine. Creative laws were passed that protected and promoted sales of each.
Here in Georgia we have a law prohibiting the sale of any onions grown outside of a few counties in south Georgia as "Vidalia" onions. It is all quite legal, has been for years, and we have adjusted quite nicely without the onion market crashing.
As was noted , "champagne" is an appellation controlee, as are the names of dozens of French wines.
The only people having nightmares are those on the loosing end of these legislative fights.
You may not like it, but it can easily be done.
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