Clan MacEvil

[CDNSushi]

It seems also that "The Insane Flying Zombie Slayers of Atlantis" is out as well.

What're you talking about? The Insane Flying Zombie Slayers of Atlantis is WELL under 200 characters!

[RockyR]

Small points of clarification...

1. It's 'restricted', but only to the fact that you have to get it through their group (I can get you in on the initial order if desired)

2. The group approached me to design a tartan for them b/c they saw (and liked) the design I did for Albannach. As they were unfamiliar with the registration process, I did it for them, making note that THEY are the copyright holder... I am simply the tartan designer.

3. The STR stated that the name of the tartan was OK but it woud not be categorized as a 'clan' tartan, but as a corporate one, sighting that they are a 'group of individuals' which falls under the 'corpoate' design criteria. They were fine with that.

The name has been used by the group at the PA Renn Faire for years and it's done out of the love of all things Tartan and Scottish. They also do some charity work as well. Is it the name I would pick for my group? No. I was only contracted to design and register it for them.

I love the Austin Powers pic... too funny.

[Semiomniscient]

I'm curious why you didn't like it. Would you rather that some stuffy and pretentious individual be in charge of deciding which tartans he will allow and which ones don't meet his own personal standards?

On the one hand, I tend to agree that frivolous/silly names and designs tend to cheapen the whole idea of tartan as a meaningful thing. But on the other hand, I wouldn't presume to tell someone they can't have their own original tartan design, regardless of what association they represent, and I'm glad the official registry feels the same.

[Mel Gibson Braveheart voice] Freedom! [/voice]

No one is saying that a tartan should not be designed for this group--to be clear. I made certain, I'm game with the idea of registering personal, club, and corporate tartans. Nevertheless, I would hope that if I can count on any individual to be stuffy and pretentious it would be the Lord Lyon King of Arms. But also, I'm not that miffed about "MacEvil" as a registered name, although I think it IS a bit silly. I don't like the idea that frivolous names would be approved. It DOES cheapen the idea of claimed tartans, etc. I think it appears that if you pony up the cash, you can have whatever you want. I don't like that idea.

But I do offer my congratulations to "Clan MacEvil" on their new tartan. May they wear it with pride and ever tell their story with a devious little grin on their faces.

[Tobus]

Yes. Irrespective of whether he was stuffy and pretentious or not, by virtue of the fact that he represents a regulatory authority his decisions should be based on something other than collecting a fee from anyone without due regard to the rights -- latent or active-- of other parties. In other words he should do his job to make sure that the registered design and name to not transgress the rights of others. I don't see how one can really object to that.

I certainly agree that tartan names or designs that are meant to defraud or 'transgress the rights of others' should be rejected from approval.

I was speaking more to the idea of "frivolous" or silly names. The aforementioned "The Insane Flying Zombie Slayers of Atlantis" is a perfect example. Unless there's some group out there already with that name, or unless there's some provable intent to defraud someone with it, I would hope that the Keeper (whoever that is) wouldn't just reject it because he personally doesn't like it. He may think it's stupid and silly and embarrassing, but the folks who came up with it might take it quite seriously.

I guess my point is that I would hope this is an objective process, based on clearly identified rules and applicable laws. Not a subjective process where one "stuffy and pretentious" guy's opinion is the deciding factor.

I'm all in favour of freedom in the marketplace, but I oppose those who would use this freedom as license to defraud others of their rights.

Well said, and on that point we are in complete agreement.

I was not aware of the existing actual clan names you mentioned. And in that case, MacEvil does run a little close to the line.

[RockyR]

Well, Angus McWhatever of that Ilk could quite simply enjoin you from using his name, or the name of his clan, to market your goods, leaving you with a warehouse full of unsold tartan, and a whole lot of pound notes gone down the swanney on an advertising campaign that will never see the light of day.

I respectfully disagree... I don't think that anyone could sue, stop, hinder or otherwise enjoin a company from using a surname as part of a fashion tartan campaign. Using the MacMillan "Black" as an example...

The MacMillan Clan cheif is on record as saying it is NOT an official clan tartan and that it WILL not be an official clan tartan. My inferrance was that he was a bit upset about a Macmillan 'fashion' tartan coming out without passing it by him. To my knowledge, he has not attempted to bring any injunctions to stop Marton Mills from selling it (they're the only mill that carries it at present).

Several other clans have had this problem as well with 'fashion' tartans for a clan... Campbell of Argyll tartan comes to mind.

In the above instances, these tartans are calling themselves a direct surname to appeal to others with that surname. None have been 'stopped', although Clan Cheifs may not look kindly upon their being woven.

In the instance of the "Clan" MacEvil tartan, they are not attempting to market their new tartan to MacQwhewyl, MacChewill, MacKevoil, MacEvoil, McEvill, MacEvoils... they just wanted a cool looking tartan designed and officially registered for their group to wear. That is also effectively stated in the notes section of the register.

[Paul]

Just for a little clarification. Further on in the Scottish Register of Tartans Guidance Document:



So if the name is not trying to mislead the public, the members of Clan McEvil must have convinced the Keeper that they really are the 'Sons of Evil'. It seems also that "The Insane Flying Zombie Slayers of Atlantis" is out as well.

Regards

Chas

I find the name of the tartan rather humorous to be honest. I find it absolutely appropriate due to the description, especially since both the tartan and the meaning are rather personal.

[joecool]

I like it! Great design Rocky!

[MacMillan of Rathdown]

I respectfully disagree... I don't think that anyone could sue, stop, hinder or otherwise enjoin a company from using a surname as part of a fashion tartan campaign. Using the MacMillan "Black" as an example...

The MacMillan Clan cheif is on record as saying it is NOT an official clan tartan and that it WILL not be an official clan tartan. My inferrance was that he was a bit upset about a Macmillan 'fashion' tartan coming out without passing it by him. To my knowledge, he has not attempted to bring any injunctions to stop Marton Mills from selling it (they're the only mill that carries it at present).

Several other clans have had this problem as well with 'fashion' tartans for a clan... Campbell of Argyll tartan comes to mind.

In the above instances, these tartans are calling themselves a direct surname to appeal to others with that surname. None have been 'stopped', although Clan Cheifs may not look kindly upon their being woven.

In the instance of the "Clan" MacEvil tartan, they are not attempting to market their new tartan to MacQwhewyl, MacChewill, MacKevoil, MacEvoil, McEvill, MacEvoils... they just wanted a cool looking tartan designed and officially registered for their group to wear. That is also effectively stated in the notes section of the register.

Actually, Chiefs can (and have successfully) sued companies when the use of their name is applied to a product of which they do not approve. Generally this is done through the auspices of the Standing Council of Scottish Chiefs (formerly represented by George Way of Plean SC) although individual law suits have been successfully brought by chiefs acting on their own. Probably 99 out of 100 cases are settled privately, usually by the transgressing firm agreeing to cease and desist once existing stocks of their product are exhausted.

In the instance of the "Clan MacEvil" tartan, I merely pointed out the fact that there is a "MacEvil" family-- obscure though it may be-- to underscore the duty of the TA to exercise due diligence when registering tartan names to protect the rights of all concerned. The difficulty faced by the TA occurs when a corporate group wishes to register a tartan as "Clan X" tartan, and that "X" happens to be a Scottish surname. I was not implying that Clan MacEvil should not have been allowed to register their tartan, nor that the TA failed in its duty-- statutory or otherwise-- when it registered clan MacEvil's tartan.

As far as the various chiefs' decisions to allow or challenge the marketing of tartans which infringe upon their heritable jurisdictions, that is a matter for the Standing Council of Scottish Chiefs to consider, and one upon which I have no comment.

[Oldhiker]

Please post some photos when a kilt is finished, I never can picture how it will look all pleated.

will it be to the sett?

[RockyR]

It'll be a little while before any kilts are produced in this tartan... we have to take a bulk order from the group, schedule the weave and wait for the material.

That being said, I think this one lends itself to the sett.