American Heritage on Heritage of Scotland

**keepoffgrass** · 18th October 07, 10:21 AM

I checked my email this morning and every so often I get spam from Heritage of Scotland. Today happened to be one of this mornings. So I clicked a link on the email, saying "Men's Kilt, 100% Wool Best value 8 yard kilt in 241 tartans only £ 169.36" I was curious as to what the 241 tartans are. I open the page and click the pop down menu, and what do I see. "American Heritage"

I though, "this cant be the same American Heritage tartan that Rocky and Kelly designed" so I click the "preview tartan" button. What pops up...

I was wondering if Rocky knows about this, and is ok with it. How long has it been since he designed this tartan? Should it already be in someone else's bargain bin?

did you know about this Rocky?

**Chef** · 18th October 07, 10:31 AM

It's not just the same tartan, it's the same picture!

Only Rocky will know the answer as to whether they are allowed to use it or whether we should loath the Gold Brothers even more.

**rmmcscott** · 18th October 07, 10:38 AM

Originally Posted by Chef

It's not just the same tartan, it's the same picture!

Only Rocky will know the answer as to whether they are allowed to use it or whether we should loath the Gold Brothers even more.

While I'm dissapointed in having to send back my Bruce Modern wool kilt to Gold Bros for replacement (since it's not the size I ordered), they have offered to re-make the kilt at no charge, and have promised that they would mark the replacement as such so there are no duties/taxes. Would I order from them again, probably not, but they seem to be trying to work with me to make my satisfied with my order... we'll see how it goes.

**keepoffgrass** · 18th October 07, 10:41 AM

Originally Posted by Chef

It's not just the same tartan, it's the same picture!

Only Rocky will know the answer as to whether they are allowed to use it or whether we should loath the Gold Brothers even more.

I emailed Rocky with link to the site to let him know whats going on here. If this is another example of a big corporation trying to squash the small business owners by stealing their products and sailing them as their own I hope the appropriate legal action is taken.

**Dirk Skene** · 18th October 07, 10:39 AM

This is going to get interesting

**Mr. MacDougall** · 18th October 07, 10:43 AM

Hmm. This will be interesting. What really protects such a design? Is it copyright law? If so, where is the copyright registered, and how? What legal action can be taken in regards to such intellectual property?

**keepoffgrass** · 18th October 07, 10:52 AM

its all good. I talked to Rocky, hes making his fair share on this deal. So this post was a false alarm.

**RockyR** · 18th October 07, 11:42 AM

Here's the deal...

Marton Mills was the only mill to offer to add our designs to their "Stock Range" of kilting tartans. We struck a deal with them for them to be able to sell the material to ANYONE, however there would be a royalty paid (to us) on each meter sold. It's the same kind of setup that the creator of the Isle of Skye tartan has or anyone with a "private tartan"...

Since the Gold Brothers are using MM fabric for their "SPECIAL OFFER! Men's Kilt, 100% Wool Best value 8 yard kilt in 241 tartans", they have included the American Heritage tartan (AND German Heritage tartan).

In THEORY, if anyone buys a kilt from them, I should get a royalty from MM.

The only thing I was a little miffed about is that they took the pictures for both tartans directly off of our website. If you're going to offer products online, the least you can do is take your own frickin' pictures. Stealing pics without permission is just cheesy.

Also... the prices are a bit low (they love to undercut everyone by having things made overseas) and they also offer PV tartans in that same model, but claim that it's wool (the Buccleuch tartan is in the dropdown). A bit shady at best.

Am I upset? Not really. I wish it was a more REPUTABLE company offering our tartans on their site, but it's good to see the tartans getting out there... the more people see / buy them, the more popular it becomes!

One thing I'd like to clarify however...

USAKilts has NOTHING to do with the Gold Brothers or their business practices. We buy fabric from the same mill and that is the ONLY thing we have in common.

**RockyR** · 18th October 07, 11:53 AM

On the OTHER hand... if anyone sees any company offering American Heritage, German Heritage, German American or MOST importantly the Firefighter's Memorial tartan ANYWHERE in NON wool (PV / Acrylic / wool blends / cotton poly / etc), please let me know ASAP!

I would like to thank you guys for noticing this and bringing it to my attention so quickly. It's good to see I have a community of guys who've "got our back". I really means a lot. Again... thanks.

**Chef** · 18th October 07, 01:45 PM

Originally Posted by RockyR

USAKilts has NOTHING to do with the Gold Brothers or their business practices. We buy fabric from the same mill and that is the ONLY thing we have in common.

While I would have understood you licensing to Gold Brothers (business is business, so to speak) I am somewhat glad to know that the deal is with the mill and that you didn't sell your soul to the devil.