tag:blogger.com,1999:blog-12505562.post7715810081385720738..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Is There a Copyright Under That Kilt?William Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12505562.post-77670846886666165242007-02-27T15:22:00.000-05:002007-02-27T15:22:00.000-05:00Of course LL Bean will argue that they are entitle...Of course LL Bean will argue that they are entitled to use the Maine State Tartan. They are, after all, somewhat above what the common man would call fair. They have other items that use family tartans, and I really doubt they have permission. What you have to realize is that they (LL Bean) are a very large company, and will step on whoever thay have to to get their way. In other words, if you have 1 lawyer, they'll have 2, you get 3, they'll get 6...and now Cabela's is moving in on their territory, and frankly, that's a very good thing...Bean's has lost their direction...the products they sell are typical of upscale yuppie stores, rather than what a traditional outfitter would sell.<BR/>Yes, they have a nice return policy...I know, I work in the Returns department (giving people their money back for shoes they bought 5-10 years ago, wore until they fall apart, then claim they didn't fit...) Signed...an employee of the Great & Powerful Bean'sAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-61380344466085864672007-02-26T19:05:00.000-05:002007-02-26T19:05:00.000-05:00Given the relatively low level of originality and ...Given the relatively low level of originality and new authorship to be found in a tartan design, how hard would it have been for L.L.Bean to evoke rather than copy the design? Maybe it will turn out that, by way of measurement, the LL Bean version has a slightly narrower or wider band of color here and there or that the red and the blues are slightly off owing to a re-interpretation by the Bangladeshian (?) factory. It might be enough to get them off the line...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-83762406766918472542007-02-26T11:38:00.000-05:002007-02-26T11:38:00.000-05:00Or, perhaps, they are claiming rights in a work in...Or, perhaps, they are claiming rights in a work inspired by Scottish designs, but not technically derivative of them.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-62969756459975682542007-02-26T11:35:00.000-05:002007-02-26T11:35:00.000-05:00It seems as if there may be some restoration issue...It seems as if there may be some restoration issues here. If the tartan was designed in Scotland and entered the public domain for failure to comply with formalities like notice, the owner may be able to claim restoration rights.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.com