These are the familiar, time honoured regulations of
Scottish dress within the Clan and Family
setting. It is pointless dressing up as something
you are not, in a situation where what you are
wanting to celebrate is your traditional heritage. Clan
Tartans have evolved
into statements of identity to be employed, on
occasion, in Scottish society.
There are a number of tartans that can apply to situations where no clear
clan connection exists. The District Tartans can associate the wearer
with regions of Scotland or elsewhere to which there is a connection;
National and Universal Trade Tartans or Corporate Tartans can also be used. In short, there are a vast number of tartans from which an appropriate tartan can be found to avoid using a Clan tartan without due cause.
Legal Restrictions
Tartan is not protected by statute, even in Scotland. However there are
commercial steps that might be taken to protect a given tartan. The design
might be copyrighted, though this could be difficult to enforce even within
states complying with the Berne Convention. The woven cloth might be registered
under the UK Design Act and this can lead to punishing compensation if
others manufacture it, within a UK context. Also, the name of the tartan
might be trademarked for the tartan product, within relevant national
regulations, but then the design itself is not protected with the name.
Supply Restrictions
When a tartan is made for a corporate group such as a family, a business
or local government, it is usually designed and developed by a single designer
and weaving concern. In general, they will be the sole suppliers for the
tartan except where there is a sufficiently broad market to become generally
available.
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