Don't copy a tartan...

[RockyR]

What I meant was exactly that. Such a minor change surely wouldn't be acceptable to any reasonable arbitrator.
my mind went back to the Isle of Skye/Bright Skye flap of a couple of years ago.

Difference being Gold Brothers used the exact same sett and the same colors (much BRIGHTER versions, but still the colors purple, brown, etc) AND they called it the same thing... that's what they were sued (successfully I might add) for.

The "Bright Skye" name was coined by Frugal Corner (US company selling Pakistani kilts) to try to distance themselves from the controversy of selling a copyrighted tartan without permission or paying royalties.

[Moski]

Ok, looks like I mashed the two of them together. But I still thought it was garish and butt ugly. More props to Mrs. Samios for her beautiful work.

[Mike_Oettle]

This will definitely be one to watch, especially if, as Alex says, it goes up on appeal.
As a tartan designer I am keen to see how it pans out, although clashes between jurisdictions might make things difficult – for instance if someone in South Africa or elsewhere in Africa produces my (one solitary) registered tartan design and does not acknowledge me as its originator. (Or if he says “Designed by Mike Oettle” but won’t pay up.)
It has correctly been said that this is a can of worms, and the ramifications are very wide indeed.
Where does one draw the line?
At any rate, the further process of the case through the courts will hopefully clarify matters.
Regards,
Mike