[ANSTHRLD] New Question

[Brian L. Rygg or Laura Barbee-Rygg]

Padraig Ruad O'Maolagain scripsit:

> I have a client that wants to use her family name, Henderson,
> which is registerable even without the legal name clause.
> However, she also wants to use her family coat of arms as
> her device:  Gules, three piles issuing from the sinister Or,
> a chief engrailled ermine. (Henderson, Randalls Park,
> Surrey, England 1865).  She has a letter from her son, who
> she states is the legal bearer of the arms, stating that she
> has his permission to use it.
>
> While I can't find this situation addressed specifically in the
> RFS, it would seem to violate the rules of presumption.
>  Are there precedents that address this issue?


     I'd look at RfS I.A.3.a:

"Conflicting Claims - A name or piece of armory that creates a false
impression of the identity of the submitter will not be registered.  Someone
may not claim to be another, either directly by using a name or armory that
is identical to anothers. . . ."

     Though we do not protect _all_ mundane armory, there is also this, at
I.A.3:

"A name and piece of armory may reinforce each other and appear to make a
claim that is not perceived in either item by itself."


     Additionally, though AH III.B.6 deals with armory and insignia used
outside the SCA by the *submittor*, not by kith and kin, it may still be
germain (*emphasis* added):

"Armory Used by the Submitter Outside the Society - No armory will be
registered to a submitter if it is identical to an insignia used by the
submitter for purposes of identification outside of a Society context. This
includes armory, trademarks and other items registered with mundane
authorities that serve to identify an individual or group. *This restriction
is intended to help preserve a distinction between a submitter's identity
within the Society and his or her identity outside of the Society.*  Any
change that causes a blazonable difference between mundane and Society arms
is sufficient to allow registration by Laurel. Further, *submitters may
register either a name or armory which is a close variant of a name or
insignia they use outside the Society, but not both.*"

     Using the Henderson surname _and_ the Henderson mundane arms seems just
a bit much.


     For that matter, if she wants in the SCA to use her real last name and
(her late husband's(?) and her son's) real arms, what are the chances that
she _doesn't_ also use them as an emblem/identifier outside the Society?  My
bet would be that she does -- and if she _uses_ them that way (even if such
mundane use is technically incorrect), then AH III.B.6 directly applies.


     Hoping this helps, I am

your honours in dutie.

Brendan, Pilgrim
------
"One should never, on the other hand, mistake one's personal philosophy and
understanding of those topics for the Word of God handed down on stone
tablets."
--Tangwystyl verch Morgant Glasvryn