Protected Names

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From the Administrative Handbook:

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 Standards for Evaluation of Names and Armory in effect at the time the new item is submitted to the College. Portions of the current Standards for Evaluation of Names and Armory pertaining to conflict apply to the following materials:

III.A. Protected Names

1. Names Registered by the College of Arms - Names registered by the College will be listed in the Society Armorial 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 owner and published in a Letter of Acceptances and Returns. In the case of defunct Society branches, 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 Standards for Evaluation of Names and Armory currently in effect (Grandfather clause). Laurel may rule that a particular name is too generic to be protected. Unprotected, generic names may be attached to badges as labels for the convenience of the populace. A submitter may request that such a label be treated as generic, without protection; Laurel may choose to honor such requests on a case-by-case basis.

2. Unregistered Names of Famous Individuals from Society History - The unregistered names of famous individuals from Society history may be protected on a case by case basis. Such protection will only be afforded where a submitted name would cause extreme confusion or offence to the populace. The intent of this allowance is to extend protection to prominent members of the Society from its early years and generally will not be extended to those who have remained active and consciously refrained from registration of their names or armory.

3. Names of Significant Personages Outside the Society - A contemporary or historical personage will be considered significant if he or she is well known within and outside of the Society. Appearance in standard print references such as general encyclopedias is an indication that the person may be significant, though not all individuals who appear in such reference are significant. Rulers of substantial sovereign entities are generally considered significant. The names of famous individuals who do not appear in standard references due to the age and scope of these works may also be protected on a case by case basis. These names will not be listed in the Society Armorial, but are still protected.

4. Names of Significant Characters from Literary Works - Characters from period or modern literary works of all genres and media (including visual, aural, and written works) may be protected on a case by case basis. Such protection will be afforded if the College of Arms deems them worthy of protection. In general terms, major characters from important literary works are likely to be deemed worthy of protection. These names will not be listed in the Society Armorial, but are still protected.

5. Names of Significant Geographical Locations Outside the Society - A geographical location will be considered significant if it is associated with important administrative, social, political or military events (e.g., a capital city, the site of a major treaty or battle, etc.). Geographic locations will generally be considered significant if they appear in standard references such as an encyclopedia. Generic descriptive names outside the Society will not be protected except where the name is immediately associated with a single significant location. These names will not be listed in the Society Armorial, but are still protected.

6. Names of Significant Geographical Locations from Literary Sources - Locations in period or modern literary works of all genres and media (including visual, aural, and written works) may be protected on a case by case basis. Such protection will be afforded if the College of Arms deems them worthy of protection. In general terms, major locations from important literary works are likely to be deemed worthy of protection. These names will not be listed in the Society Armorial, but are still protected.

7. Trademarked and Other Legally Protected Names - Such names may be protected when covered by applicable laws and regulations in the country from which the material derives. These names will not be listed in the Society Armorial, but are still protected.

8. Orders of Chivalry and Heraldic Titles - Contemporary or historical orders of chivalry, heraldic titles, and similar organizations may be considered significant if they appear in general histories or in standard references such as an encyclopedia. The names of entities which do not appear in standard references due to the age and scope of these works may also be protected on a case-by-case basis. The names of significant fictitious orders of chivalry and heraldic titles may be protected on a case by case basis. Names so protected will be listed in the Society Armorial when they are brought to Laurel's attention (as many do not appear in standard references), but they are protected prior to that addition.

9. Other Significant Names Outside the Society - The names of other entities, both real and literary, may be considered important enough to protect on a case by case basis. These entities include but are not limited to the names of organizations, schools, businesses, associations, and the like. These entities are likely to be deemed worthy of protection if they appear in standard references such as encyclopedias or are major fictitious organizations in important literary works of all genres. These names will not be listed in the Society Armorial, but are still protected.

10. Name Used by the Submitter Outside the Society - No name will be registered to a submitter if it is identical to a name used by the submitter for purposes of identification outside of a Society context. This includes legal names, common use names, trademarks, and other items registered with mundane authorities that serve to identify an individual or group. This restriction applies to Society branches as well as individuals. Thus, a branch cannot use the name of a significant location (a town or county, for example) within its borders. This restriction is intended to help preserve a distinction between a submitter's identity within the Society and the submitter's identity outside of the Society.

A small change in the name is sufficient for registration, such as the addition of a syllable or a spelling change that changes the pronunciation. However, a change to spelling without a change in pronunciation is not sufficient. For example, Alan Miller could not register the name Alan Miller or Allan Miller but he could register the name Alan the Miller. 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.

http://heraldry.sca.org/laurel/admin.html#III.A

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