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Thread: Utilikilts

  1. #31
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    My understanding is that it isn't that he's patented revK kilts in general, but all the other unique features of a Utilikilt along with the pleating. I suspect that if Utilikilts was a bigger company, and if they were inclined to do so, they could easily force those of us in the US who are making this style of kilt to fight them in court or close up shop. My guess is that Krash either isn't that sort of businessman or he doesn't know that Alt.Kilts, me, and whoever else exist. Or probably a combination of the two. I've stopped doing revK pleats and really narrow aprons, and still need to replace a few photos on my site, strictly as a CYA measure.

    As far as who was first, AFAIK it's Utilikilts. Even if someone else was doing it first, Utilikilts has done such a spectacular job building their brand that it doesn't really matter. I remember when they first started selling kilts and had never heard of anything similar at the time or before.

  2. #32
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    Quote Originally Posted by OC Richard View Post
    Ouch... that is an eyeful.

    How on earth can he patent a Kingussie pleated kilt?

    The features that strike me as being essential to Utilikilts are the narrow front apron with series of snap closures forming a "V", the large hanging side pockets, and the belt loops. I see kilts made by other companies all the time that have all these same features. Who was first?
    How can he patent a RevK pleating? B/C he hired a patent attorney to draw up the proposal and he submitted ti first.

    UK Was first to market with the "utility kilt" style of kilt. Love them or hate them, UK CREATED a market for their product which didn't exist before they came along and in their wake, an industry popped up. 21stCK was similar (solids with some pockets) and was introduced around the same time (and completely separately from UK), but leans much more toward a traditional kilt.


    Quote Originally Posted by ratspike View Post
    My understanding is that it isn't that he's patented revK kilts in general, but all the other unique features of a Utilikilt along with the pleating. I suspect that if Utilikilts was a bigger company, and if they were inclined to do so, they could easily force those of us in the US who are making this style of kilt to fight them in court or close up shop. My guess is that Krash either isn't that sort of businessman or he doesn't know that Alt.Kilts, me, and whoever else exist. Or probably a combination of the two. I've stopped doing revK pleats and really narrow aprons, and still need to replace a few photos on my site, strictly as a CYA measure.

    As far as who was first, AFAIK it's Utilikilts. Even if someone else was doing it first, Utilikilts has done such a spectacular job building their brand that it doesn't really matter. I remember when they first started selling kilts and had never heard of anything similar at the time or before.
    I don't think it's either of those things... I think that Steven just either doesn't want to defend, doesn't want to PAY to defend or doesn't care enough about it to defend his patent. A patent / copyright isn't TERRIBLY hard to get (not easy, but not impossible), but defending it can be expensive and take excessive amounts of time and money. Often times, it would cost more to defend than you'd recoup in losses (IF you thought that the offending company would pay at all). I know Krash and he's pretty savvy and aware what's going on in his industries. I would be shocked if he didn't know you / altkilt / etc existed. That being said, he's not just in the 'highland wear market'. His audience / customers go well beyond kilt wearers.

  3. #33
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    Quote Originally Posted by seanachie View Post
    I had a black Original UK and did not care for the aprons, the apron is very narrow.
    This is my only real complaint with them as well. I really wish they would make them with wider aprons.
    Best Regards,
    DyerStraits

    "I Wish Not To Intimidate, And Know Not How To Fear"

  4. #34
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    It's fine not to care for the 7-8 inch aprons. But there is no issue as to the modesty issue.
    I get in the habit of sitting knees spread in the Utilikilts with no issue only to find myself exposed when I put on a more traditional kilt and forget.
    There is a hazard in living in both worlds....
    slàinte mhath, Chuck
    Originally Posted by MeghanWalker,In answer to Goodgirlgoneplaids challenge:
    "My sporran is bigger and hairier than your sporran"
    Pants is only a present tense verb here. I once panted, but it's all cool now.

  5. #35
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    Quote Originally Posted by RockyR View Post
    I don't think it's either of those things... I think that Steven just either doesn't want to defend, doesn't want to PAY to defend or doesn't care enough about it to defend his patent. A patent / copyright isn't TERRIBLY hard to get (not easy, but not impossible), but defending it can be expensive and take excessive amounts of time and money. Often times, it would cost more to defend than you'd recoup in losses (IF you thought that the offending company would pay at all). I know Krash and he's pretty savvy and aware what's going on in his industries. I would be shocked if he didn't know you / altkilt / etc existed. That being said, he's not just in the 'highland wear market'. His audience / customers go well beyond kilt wearers.
    My thought is the reverse angle. An agressive marketter can push out the inventor from their own product. My impression is that Steve's patent is defense as much, if not more, than offense.
    Elf

    There is no bad weather; only inappropriate clothing.
    -atr: New Zealand proverb

  6. #36
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    Quote Originally Posted by OC Richard View Post
    By the way it can be confusing because Utilikilt themselves and Utilikilt wearers will often abbreviate it as UK.

    Easier if UK was set aside for United Kingdom.

    I've read things where the writer is using UK for both! and I have trouble following the meaning.
    I agree. I don't like it either when University of Kentucky alumni think those initials obviously apply only to them. I am a UK alumnus, but I didn't study at Kentucky, I went to Loughborough, LOL! Even the University of Kent calls itself the University of Kent at Canterbury, and that's in the UK. A girl I once knew and loved studied at UKC.
    Last edited by O'Callaghan; 27th March 14 at 07:53 PM.

  7. #37
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    Quote Originally Posted by ratspike View Post
    My understanding is that it isn't that he's patented revK kilts in general, but all the other unique features of a Utilikilt along with the pleating. I suspect that if Utilikilts was a bigger company, and if they were inclined to do so, they could easily force those of us in the US who are making this style of kilt to fight them in court or close up shop. My guess is that Krash either isn't that sort of businessman or he doesn't know that Alt.Kilts, me, and whoever else exist. Or probably a combination of the two. I've stopped doing revK pleats and really narrow aprons, and still need to replace a few photos on my site, strictly as a CYA measure.

    As far as who was first, AFAIK it's Utilikilts. Even if someone else was doing it first, Utilikilts has done such a spectacular job building their brand that it doesn't really matter. I remember when they first started selling kilts and had never heard of anything similar at the time or before.
    Nope, that patent does cover Reverse Kingussie in general. I am a patent agent, so I know what I'm talking about. So, if you are making those he can sue you. If you can prove those pleats were around more than a year before he filed (or in some circumstances just before he filed) you could invalidate his patent, but only if he actually sues you, otherwise you have no standing. This is a US patent, and he appears to have none in any other country, so it only covers kilts made in the US or imported into the US. So, if they are made somewhere else and sold somewhere else, such as the UK (the country) he has no protection.

    This is not a legal opinion, as you are not my client, and only an attorney can represent you in court. A US Patent agent can only represent you at the US patent office.
    Last edited by O'Callaghan; 27th March 14 at 07:50 PM.

  8. #38
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    Quote Originally Posted by O'Callaghan View Post
    Nope, that patent does cover Reverse Kingussie in general. I am a patent agent, so I know what I'm talking about.
    Would a modern day patent still apply if historical examples predating the original patent were produced? Would it invalidate the patent with respect to that aspect or provide some sort of wiggle room? Just curious. Thank you.
    The Official [BREN]

  9. #39
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    Quote Originally Posted by O'Callaghan View Post
    Nope, that patent does cover Reverse Kingussie in general. I am a patent agent, so I know what I'm talking about. So, if you are making those he can sue you. If you can prove those pleats were around more than a year before he filed (or in some circumstances just before he filed) you could invalidate his patent, but only if he actually sues you, otherwise you have no standing. This is a US patent, and he appears to have none in any other country, so it only covers kilts made in the US or imported into the US. So, if they are made somewhere else and sold somewhere else, such as the UK (the country) he has no protection.

    This is not a legal opinion, as you are not my client, and only an attorney can represent you in court. A US Patent agent can only represent you at the US patent office.
    What about a RETAILER who is selling RevK pleated kilts made in Pakistan, but resides and sells their kilts in the US at highland games and such. Could UK go after the retailers?

  10. #40
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    Thought of possible liability for the games operators runs through my mind. I would hope they would have something in the vender leases regarding the selling of illegal goods.
    slàinte mhath, Chuck
    Originally Posted by MeghanWalker,In answer to Goodgirlgoneplaids challenge:
    "My sporran is bigger and hairier than your sporran"
    Pants is only a present tense verb here. I once panted, but it's all cool now.

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