[ANSTHRLD] legal conflicts with my device

[Robert Wade]

The direct answers are (1) Yes, someone can register your example [if there are no other conflicts] and (2) Yes, you can register a badge [Not a second device] to prevent that specific example.
   
  However, your example is one of a hundred possibilities.  You cannot protect your Device by 2 CD's against all of them.  You have a limit of four registered pieces of armory.
   
  The important question is "Why was the 2CD Rule made?"
   
  Below are excerpts from, in order of precedence, Corpora, the Administrative Handbook of the College of Arms and the Rules for Submission (RfS) which address this:
   
  Appendix A - Corpora on the Office of Laurel Sovereign and the College of Arms
C. LAUREL SOVEREIGN OF ARMS AND THE COLLEGE OF ARMS 
3. Heraldic Administration. 
a. Standards of difference and other rules. Laurel shall define standards suitable to the type of item to be registered, and apply them uniformly to all such submissions. These standards shall be designed to support the historical re-creations of the Society and to provide sufficient difference from names and armory registered within the Society to avoid undue confusion, to avoid the appearance of unearned honors or false claims, and to provide sufficient difference from historical or fictional personages to prevent offense due to obvious usurpation of identity or armory. Members are encouraged to develop unique, historically valid names and armory.
   
  Administrative Handbook
Submissions Regulations
I. Registration Limit
....
B. Individuals and other local groups - Individuals and other Society branches may register no more than four names and four pieces of armory. Any submission by an individual or branch which would otherwise exceed this limit must be accompanied by a release of one or more items already registered to them to accommodate the new item[s].
....
II. Registerable Items
D. Tinctured Armory - Armory in which all portions of the design are colored. Tinctured armory within the Society is divided into several administrative categories. 
1. Personal Device - The single piece of armory associated with an individual's Primary Society Name which uniquely identifies that individual. Kingdoms or principalities may require this armory to be used on awards, honors, scrolls, and other formal documents. 
....
3. Badge - Any piece of tinctured armory other than a Personal Device or Branch Arms. Badges may be registered by an individual, by two individuals jointly, or by a Society branch. They may be have no particular label, may be associated with a name registered to the owner of the badge, or may be associated with a generic description of the intended use or function of the badge. Badges may only be registered for offices of Society branches if no badge has been registered for that office by the Society or any territorial entity to which the submitting branch belongs. All records will be retained under the Primary Society Name of the registrant or the Branch name of the registering group. When a badge is jointly registered, a cross-reference shall be listed under the Primary Society Name of the other owner. Badges may have the field specified or they may have no field specified, but must otherwise be fully tinctured. Fieldless badges may be subject to special rules for style
 and difference in the Rules for Submissions, but are otherwise treated in the same manner as tinctured badges. 
....
III. Protected Items
Names and armory registered by the College of Arms shall be protected as described in III.C. below. Protection afforded by the College of Arms is limited solely to the refusal to register any item known to conflict with a protected item under the Rules for Submission in effect at the time the new item is submitted to the College. Portions of the current Rules for Submissions pertaining to conflict apply to the following materials: 
....
B. Protected Armory 
....
1. Armory Registered by the College of Arms - Devices and badges submitted to and registered by the College will be listed in the Society Armorial and Ordinary and protected from conflict against future submissions. Once registered, an item shall be protected until written notice of release is received by the Laurel Office from the registrant. In the case of a defunct Society branch, release may be granted by joint consent of the Crown and Kingdom Seneschal after appropriate notice in the newsletter of the kingdom in which the branch was located. Protection shall apply even if the item in question could not be registered under the Rules for Submission currently in effect (Grandfather Clause).
   
  RULES FOR SUBMISSION
PART I - GENERAL PRINCIPLES
....
3. Inappropriate Claims. - No name or armory will be registered which claims for the submitter powers, status, or relationships that do not exist.
...
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, or by unmistakably claiming close relationship to an individual who is in fact unrelated. See Part V, Conflicting Names, and Part X, Conflicting Armory.
....
PART X - CONFLICTING ARMORY
A piece of armory may not be too similar to other pieces of armory, as is required by General Principle 3a of these rules. Period armory frequently distinguished between immediate relatives, like a father and his son, by making a single change to the arms in a process called "cadency". The changes made in such circumstances can be considered the smallest change that period heralds would recognize. This section defines ways in which submitted armory must be changed to be sufficiently different from protected armory.
1 Addition of Primary Charges
....
2 Substantially different charges
....
4 Significant Armorial Differences - Two pieces of armory will not be considered to conflict if two clear visual differences exist between them
....
5. Visual Test - If the tinctures, shapes, or arrangement of the charges in a submission create an overwhelming visual resemblance to a piece of protected armory, the submission may be held to conflict even if sufficient theoretical difference can be counted between them.
  
Tostig

Elizabeth Blackthorne <eblackthorne at gmail.com> wrote:
  All this talk about my groups device, got me thinking about my own device

Argent, two roses in saltire gules slipped and leaved sable, a chief
triangular pur pur gouty d'eau.

With the 2 differences rule does this mean someone could register

Argent, two roses in pur pur gules slipped and leaved sable, a chief
triangular pur pur gouty d'eau with bordure sable

Changing the roses color and adding a border is two differences. Am I
right about this? If so can I register another device just so this
can't happen?

Elizabeth
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