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  1. #111
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    Well, I've pretty much decided to get the green wool Shadow tartan SWK,. That tartan or color would be to symbolize the Irish heritage in my family that came from migrating from Scotland through Ireland, then to America. Then, in the case of my mother, back to Ireland for a short time. (All over several generations and a few centuries of course.)
    I grew up being told that I came from the Scotch and the Irish.

    A mix of Scotch and Irish in the heritage, and in the kilt.

    Is that sound reasoning?
    Last edited by Bugbear; 8th January 09 at 02:41 PM.
    I tried to ask my inner curmudgeon before posting, but he sprayed me with the garden hose…
    Yes, I have squirrels in my brain…

  2. #112
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    Quote Originally Posted by Ted Crocker View Post
    ...I grew up being told that I came from the Scotch and the Irish.

    A mix of Scotch and Irish in the heritage, and in the kilt.

    Is that sound reasoning?
    Perfectly. That's precisely the reason I want to get a kilt in the Ulster district tartan.

    ~Ken

  3. #113
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    6th July 07
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    Nanook

    I am no legal expert, but the last person that tried to copy(albeit inadvertently) my estate tweed found to his cost that legally he was in the wrong. If I had my own private tartan and I found someone had stolen it, I would not hesitate to take the same course of action. Might I humbly suggest that your fine words are only that and my personal and practical experience says otherwise. Might I also suggest that we should agree to differ and leave it at that, as I do not propose to discuss this subject further.

  4. #114
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    Quote Originally Posted by Jock Scot View Post
    Nanook

    I am no legal expert, but the last person that tried to copy(albeit inadvertently) my estate tweed found to his cost that legally he was in the wrong.
    The question I have is: Did he try to commission a weaver to make it for him, did he intend to have it made entirely for his own personal use or as a product to give to others? And who did you sue? If he wanted to trade in (including even give away as gifts) products made in a design--- the point after all of estate tweeds--- that violated your intellectual property then it was clear case.
    The UK copyright laws do not fully distinguish between "private" and "public" use but draw the line on intent and commerce (see "Fair Dealing").


    http://www.ipo.gov.uk/types/design/d...d-infringe.htm
    Quote Originally Posted by UK Intellectual Property Office
    Design infringement

    By registering a design the proprietor obtains the exclusive right for 25 years (provided renewal fees are paid every 5 years) to make, offer, put on the market, import or export the design, or stock the product for the above purposes.

    These rights are infringed by a third party who does any of the above with the design, for commercial gain.
    "Commercial gain" does not have to mean direct gain on a trade in the design but can be derived from its use (such as a corporate identity or estate uniform as per your case).

    If I had my own private tartan and I found someone had stolen it, I would not hesitate to take the same course of action.
    The point is who? According to current interpretation of intellectual property on fashion the "who" are all those involved in the trade but not the final consumer (knowingly or not). Burberrys can go after any or all it considers in public trade of patterns they think violate their trademarks (Camel Thomson and other similar tartans) but can't stop Chavs wearing it on caps (nearly all counterfeit and enough that they even stopped making baseball caps in 2004 to distance themselves from the bad image).

    .Might I also suggest that we should agree to differ and leave it at that
    I'm just not sure that we disagree..

  5. #115
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    A note from your friendly neighborhood moderator

    Gents,

    Just a reminder that Legal advice is something not allowed by the forum rules.

    OK?

    Good

    Cheers

    Jamie
    -See it there, a white plume
    Over the battle - A diamond in the ash
    Of the ultimate combustion-My panache

    Edmond Rostand

  6. #116
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    Quote Originally Posted by RadioKen View Post
    Ah! Well, if that is the case then I stand (happily) corrected! The photo of that tartan on the USAK website looks very much (to me, anyway) like the example of MacGregor of Cardney from Sir Malcolm's articles
    Yes, I've seen those. The little image looks a bit redder than any example I've seen. Recall that the Cardney variant is described as a wine red shade. The thread counts are actually the same, it's all in what shades of color are used! As you can see I have 3 samples of Red and Green, each with a different shade; plus the Cardney which is the "same tartan" in muted colors.

    If you like the Red and Black, you are in good company---have you seen Sir Malcolm's wedding photo?

    My Greggs also arrived by way of Co. Antrim, so I share your interest in the Ulster tartan. Then there is House of Edgar's County Antrim, which I also like. So many tartans, so few dollars! Maybe a 4 yard box-pleat in the Strome red & black, ancient colors ...
    Last edited by fluter; 12th January 09 at 11:01 AM. Reason: I'd chopped off a sentence @ "same tartan"
    Ken Sallenger - apprentice kiltmaker, journeyman curmudgeon,
    gainfully unemployed systems programmer

  7. #117
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    Having just completed the recording of The Clan Claus Society's Tartan with the Scottish Tartan Authority here is what I learned. When your clan registered it tartan part of the application asks if you want to restrict it use. It also asks if you what to restrict who can weave the tartan fabric. I agree that wearing a tartan just because you like the colors is a bit shallow and you should have some knowledge of the tartan that you are wearing. That way when you run into some wearing the same tartan you don't look like a fool when asked about it. It's more about respect then anything else.

  8. #118
    Dan R Porter is offline Membership Revoked for repeated rule violations.
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    I know

    I know...ancient thread.

    But I put on a kilt recently that was of my family tartan, and let me tell you, words of a poet could not explain the sensation of wearing something your ancestors have lived, worked, and died in. I hate to be overdramatic, but I always laughed at those who have so many rules about what tartan to wear, what not to wear, blah blah blah. I aggree that we should all wear what we like, but When I put that family tartan around my waist, it all became clear.

  9. #119
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    Interesting thread. I think that this proves varying opinions on wearing a tartan other than your clan's or affiliated clan.

    This, therefore, makes it a personal choice - other, of course, than a legally patented tartan - that should be respected by others.

    I would personally not wear a clan tartan that I was not affiliated to by name or region. Since I live in Canada, I would wear a Canadian or provincial tartan.

    Having said this, these are the tartans that I am either wearing or plan to wear:

    MacKay - grandmother's name
    Bruce - great grandmother's name
    Caithness - clan MacKay "territory"
    County Cork - Irish grandfather (Sullivan)
    Miscellaneous - provincial, Canadian, etc.

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