X Marks the Scot - An on-line community of kilt wearers.
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6th February 09, 06:05 PM
#13
So let me get this right...
Someone has attended a public festival and has taken a photograph of one of your products. They have then photoshopped it, so even you had difficulty recognising it as your own item. They have then used this photograph to portray goods that they are having produced somewhere else, which they are selling at a fraction of the price of your own goods.
They have not grabbed the picture from your website.
Nappa leather is a term that has been in use since 1921 if not earlier (http://en.wikipedia.org/wiki/Nappa_leather). It is a high quality leather renowned for softness and durability and is often used for car upholstery - because of its longevity.
If this character is known as Isaac, and I've seen the right ebay listing, then he hasn't claimed that the picture is actually the garment he is selling - nor has he disclaimed this either. He is not claiming that this is one of your products.
If I am understanding right, then I don't see what he has done that is wrong? Bit lazy, maybe, but wrong?
Unless he has actually produced an item that is clearly intended to look like one of your design protected* garments and endeavoured to pass it off as such then has he broken the law in the US?
* They ARE design protected, I trust?
Without seeing the real thing, which may not look anything like yours, I don't understand what his crime is?
Are people going to look at his product and say; "Hey that's one of rkilts garments going at a cheap price?" Maybe to an afficianado, but otherwise?
Sorry, imitation is the sincerest form of flattery, but if he is able to produce these with genuine nappa leather at $129 perhaps the question to be asking yourself is HOW and whether you can learn from him, as he's obviously found a good source of cheap leather tailoring.
I'd love to join the lynching party, but I have a feeling you need to change the law first before you take it into your own hands.
Best wishes, Graham.
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