October 2005
War of the Tweeds! The Harris Tweed Authority Lays Down the Law
The Harris Tweed Authority has taken action to stop textile manufacturers from describing their produce as "Harris Tweed" without their permission. The Harris Tweed Authority was set up in 1993 by an Act of Parliament. Its role is to safeguard the reputation of Harris Tweed and to promote the fabric. In May 2005, the Authority commenced proceedings against a highlands manufacturer called Harris Tweed Textiles Limited. The bone of contention was a knitting yarn which Harris Tweed Textiles Limited had begun to sell using the name "Harris Yarn". The yarn was not a Harris Tweed product.
In bringing their action, the Harris Tweed Authority was able to rely on the collective and certification marks that they own in relation to the term "Harris Tweed". They were also able to rely on the definition of "Harris Tweed" which is set out in sections 7 and 8 of the Harris Tweed Act.
While Harris Tweed Textiles Limited giving undertakings not to use the words "Harris Tweed" or "Harris Yarns", the matter still went to court, where the Harris Tweed Authority were awarded costs and nominal damages.
Briffa Comment:
The Harris Tweed Authority are in the fortunate position of being able to use statutory powers to enforce quality standards for using the "Harris Tweed" mark, but you do not need the backing of Parliament to run a quality control scheme. The Trade Marks Act makes provision for individuals and companies to register marks which can be used to signify membership of a group (collective marks) or adherence to certain quality standards (certification marks). Filing applications for such marks is a good way to start industry bodies or schemes, and, more particularly, is a good way to stop unscrupulous businesses from taking advantage of the reputation of a club or a scheme.