There are kilt (fashion) police after all

[sailortats]

Here is an article that was recently posted on facebook. Looks like we may have to look out for the fashion police after all.

http://www.uchastings.edu/news/artic...-symposium.php

[James Hood]

Might their energies and intellects better serve the universe by working to solve world hunger?

[Deirachel]

I don't think there is anything wrong with these folks. They are attorneys dealing with a specific set of legal issues which effect the Fashion industry. Truthfully, Intellectual Property is an important legal concept for solving real life issues (like world hunger). Without reward for work, very little advancement would exist. Altruism and Charity are nice concepts, but they haven't solved world hunger either.

[O'Callaghan]

The only impact on any of us would be where kilts are covered by patents, designs, trademarks or copyright. Each of those works in a different way.

Patents cover functional aspects, e.g. the Steve Villegas (Utilikilt) patent on Reverse Kingussie pleats, for example, and they generally last twenty years from the filing date and only cover certain countries or regions. The one I mention is AFAIK a US patent only, so it covers making or selling a kilt with those type of pleats in the US, or importing it into the US.

A design patent in the US, or registered design in the UK, where so many setts originate, covers ornamental appearance, e.g. a tartan sett can be protected in this way. A quirk that affects kilts is that US designs are monochrome and can't protect the colours of the sett, but this is not so in the UK. They also last for a limited time, 14 years from grant in the US.

Trademarks can be renewed indefinitely and protect, e.g. the name of a sett, e.g. the name Flower of Scotland is trademarked, although I forget in what country(ies).

Copyright protects works of authors for the life of the author plus 70 years in the US, or 50 most other places, and comes into existence automatically, although in the US (only?) it has to be registered before you can sue, but can be registered with the Library of Congress the day before you sue, which I find somewhat comical. Copying a tartan sett is liable to lead you to being sued for copyright infringement, although of course if the sett is too old, i.e. those who designed it have been dead more than 70 years, then there is nothing the original mill can do.

Very little of this affects end buyers. Nobody can sue you or arrest you because your kilt is too long or your hose are the wrong colour, for example!

I am a US patent agent, and can help people obtain patents and design patents in the US, but cannot do the same for trademarks or copyright, or represent anyone in court.