Here in the USA we have had court cases on this issue, termed "fair use", in the art world.
In the recent case Cariou v. Prince a New York court found that as long as an artist has done a "transformative act" upon a copyrighted image it constitutes fair use.
I would think that in the UK as well as here it's a blurry line determining just what makes a tartan "unique".
A recent example is the Outlander people copyrighting a series of tartans nearly identical to an old existing tartan- of course the original would be Public Domain here anyhow.
"There must be a clear link between the person registering the tartan and the proposed tartan name."
Interesting. So today, I suppose, two English brothers named Allen couldn't register a boatload of tartans bearing Clan names?
Last edited by OC Richard; 30th June 16 at 05:29 AM.
Proud Mountaineer from the Highlands of West Virginia; son of the Revolution and Civil War; first Europeans on the Guyandotte
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