Kilted-Marine

Texas Bluebonnet - An Update

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So we HAD exclusive permission to do the Texas Blue Bonnet tartan from the designer.

We paid an advance for the right to make it.

Our plan was to have it ready about march 2012.

We just got a legal notice that the designer is ending our contract and terminating our right to produce and sell the tartan.

The reason we got involved in this at all was because we were first told that it was non-restricted, then we were told by scotlandforever.net that they owned the copyright and if we wanted to sell it we needed to buy it from them.

We wrote a letter to the designed, who is an older gentleman living in a retirement home and he told us that scotlandforever.net had been ripping him off for years and had never paid him a dime and he could not afford to take them to court..

We requested permission to do the tartan and got permission along with the right to act as the designers agent. We request scotlandforever.net to pay a royalty to the copyright holder which they never did and never have.

So at the end of the day...

we never sold any and paid an advance

while scotlandforever.net has sold it for years and never paid a penny to the elderly gentleman living in a retirement home.

i am not sure who is going to be picking up this tartan.. but hope the designer ends up making something for himself... I would like to see my advance returned but not a major issue...

That is the tale of the TEXAS BLUEBONNET

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That is sad. I bought my bluebonnet from scotland forever people. Keep trying to get iights back. i would love another tbb kilt.

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This is so sad on several levels. The worst thing is this puts getting a Texas Bluebonnet kilt out of range for lots of people like me who would never think of buying one now from folks who have treated someone so shabbily. Frugal Corner definately has a new supporter and hopefully a new customer soon.

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So we HAD exclusive permission to do the Texas Blue Bonnet tartan from the designer.

We paid an advance for the right to make it.

Our plan was to have it ready about march 2012.

We just got a legal notice that the designer is ending our contract and terminating our right to produce and sell the tartan.

The reason we got involved in this at all was because we were first told that it was non-restricted, then we were told by scotlandforever.net that they owned the copyright and if we wanted to sell it we needed to buy it from them.

We wrote a letter to the designed, who is an older gentleman living in a retirement home and he told us that scotlandforever.net had been ripping him off for years and had never paid him a dime and he could not afford to take them to court..

We requested permission to do the tartan and got permission along with the right to act as the designers agent. We request scotlandforever.net to pay a royalty to the copyright holder which they never did and never have.

So at the end of the day...

we never sold any and paid an advance

while scotlandforever.net has sold it for years and never paid a penny to the elderly gentleman living in a retirement home.

i am not sure who is going to be picking up this tartan.. but hope the designer ends up making something for himself... I would like to see my advance returned but not a major issue...

That is the tale of the TEXAS BLUEBONNET

Mark:

Just to make sure I followed the facts correctly: When I look up the tartan in the Register it says "June Prescott McRoberts (1922-1999)" was the designer. Is the older man in the nursing home this persons heir or relative? If this were the case wouldn't it be this person you would take up the contract with? If you have a contract with this person couldn't you tell scotlandforever.net to get stuffed? I am a little confused on how scotlandforever.net has the legal standing to tell you that it is their copyright. I know Isle of Skye is owned by Mrs Rosemary Nicolson Samios and when you look up that tartan it says right in the Register "Mrs Samios controls the rights to the production of this 'Isle of Skye' district tartan through registration with the Patents Office and Lochcarron of Scotland has been appointed as the supplier of fabrics and woven accessories in this tartan." So I am unclear on the legitimacy of someone telling you they own the copyright. Maybe I did not read this correctly but I am confused on this issue.

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Very odd indeed.

Wouldn't the terms of contract to produce include a window of opportunity with a clause for either renewed or cancelled at the end of the specified time frame?

I'd be very leery of investing in setup and marketing for a product with no set duration.

Either way, I hope you can cover your initial loss. It's quite an attractive tartan.

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Type of Work: Visual Material Registration Number / Date: VA0000964583 / 1998-07-09 Title: [The Texas bluebonnet tartan (plaid) : Texas state tartan] Description: Print on fabric. Notes: Titles from appl. Copyright Claimant: Robert Shelby Foitik Date of Creation: 1984 Date of Publication: 1989-03-19 Authorship on Application: artwork & design on sheetlike material: June Prescott McRoberts, 1922-1999. Copyright Note: C.O. correspondence. Other Title: Texas state tartan Names: Foitik, Robert Shelby McRoberts, June Prescott, 1922-1999

My Agreement was with Robert. HE is the claimant on the US COPYRIGHT

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=1&ti=1,1&Search_Arg=texas%20tartan&Search_Code=FT*&CNT=25&PID=hsRnTW2iXP9n-AHejvTJX_LcHEFz&SEQ=20111231101313&SID=2

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If there is a claim filed on this subject, it doesn't appear that SF has a chance, since they are not the holders of the copyright, unless their agreement with the owners implies that they are to be the sole producers. If this is the case, and they haven't held up their end of the deal, and are in default of the said contract. They, therefore, still don't seem to have a case. Problem is.... No one is able to get it into court, unless a lawyer wants to take it pro bono. Sad situation for many involved...

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have you tried anymore to get rights to produce the bluebonnet again?

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Scotland Forever acquired the rights from the copyright holder (Robert Shelby Foitik) in Jan 2012 and they have his blessing to be the exclusive producer and retailer of items in the Texas Bluebonnet tartan for a period of several years (I believe it's 20 years or something like that).

Edited by RockyR

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Scotland Forever acquired the rights from the copyright holder (Robert Shelby Foitik) in Jan 2012 and they have his blessing to be the exclusive producer and retailer of items in the Texas Bluebonnet tartan for a period of several years (I believe it's 20 years or something like that).

Would there be any chance that they would grant The Frugal Corner or anybody else permission on the copyright or they just going to seal it up tight?

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Would there be any chance that they would grant The Frugal Corner or anybody else permission on the copyright or they just going to seal it up tight?

As far as I know, they hold the exclusive rights to produce anything in that tartan, though they do sell the cloth by the yard, so any kiltmaker can purchase it.

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I guess my confusion in all of this is pretty simple. If the owner and copyright holder made a contractual agreement with Mark and then seeing greener pastures decided to make a deal with another entity and enters a contract with them, it does not invalidate Mark's contract and in fact he has been harmed. I also live in the real world and understand suing would be hugely expensive and I know way beyond my budget, but what is the bottom line here? Was Mark legitimately screwed over, that is the piece I am missing.

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