Willie sent a message to Marvin R. Ellison , President of J. C. Penney Company Inc.- email address that said:
Hi Mr E..
I am in Scotland may have some info which may be helpful in your battle with Burberry.
Clan Thomson (Registered Clan Tartan with Scottish Tartans Authority) is an EXACT copy in pattern (not colour) who many allege had their pattern design stolen by Burberry in the first place.... If the Thomson Clan are correct then most likely that tartan goes back to the middle ages Burberry has no right to claim it as theirs.
In Scotland Clan Thomson Camel scarves can be easily bought over the years I have seen them available in a whole variety of colours marked as Clan Thomson. Many believe that because Burberry have failed to go after the Clan in the Scottish Courts the Thomson Clan are right... but I know for a fact that Burberry approached one tartan manufacturer in the 1980's (Ingles Buchan Glasgow) asked them to stop manufacturing their scarves they declined believing it was a genuine Clan Tartan. No further action was taken by Burberry. Their view was maybe reinforced by the fact that IB were also members of the Scottish Tartans Authority(STA).
It is certainly a line of enquiry that your solicitors should investigate if they approach the STA, I am sure they will be helpful.... and if in fact you are just using a Clan Thomson design, it's not any of Burberry's business...
PS As a grandpa with 2 US grandchildren a regular visitor to the USA, I'm far more a fan of JC Penney (who provide decent priced clothing to the public) than I am of ( Burberry who in fact are the same quality, spend a fortune on packaging have a gullible public believing it a better product because it costs 10 times as much). Go get them...
