[MR] [HERALDRY] Laurel Acceptances for April, 2002

[Gorm of Berra]

(Resending this since I don't think it came through last month)

UNto the Crown, Peers, and populace of Atlantia does Gorm of Berra, Golden 
Dolphin Herald, send greetings:

IN his meeting of April, 2002, Laurel considered the following items, which 
were on the December, 2001 Atlantian Letter of Intent.  At that meeting, 
these items were ACCEPTED.  Their owners may use them without and further 
let or hinderance:

(These were copied straight from the LoAR with minimal formatting, some 
formatting weirdness may occur)

Achmed ibn Yousef. Name.

Atlantia, Kingdom of. Household name Company of the Silver Spindle and 
badge. (Fieldless) An annulet azure surmounted by a drop spindle inverted 
argent.

Caitil¡n inghean U¡ Laoghaire. Device. Argent, a stag trippant sable and in 
base two oak leaves in chevron inverted and on a chief dovetailed vert 
three crescents argent.

Celric of Marinus. Badge. Or, a horse rampant sable and a bordure sable 
mullety of six points Or.
Please advise the submitter to draw the charges on the bordure larger, 
increasing the width of the bordure if needed.

Giuliana Salviati. Name change from Muireann n¡ Riord in.
Her previous name, Muireann n¡ Riord in, is retained as an alternate name.

Highland Foorde, Barony of. Badge for the Order of the Golden Hawk. Gules, 
a sword inverted between two hawks striking respectant Or, the sword 
issuant from a ford proper.

Ihone Munro. Device. Sable, a fess wavy between an owl displayed and a 
turtle all within a bordure argent.

Jaine the Embroiderer. Name.
The submitter requested authenticity for Tudor England. By that time 
period, literal bynames had given way to inherited surnames. So, a woman 
named Jaine would have had the same surname as her father, rather than an 
occupational byname such as the Embroiderer.

Karl von Lindenheim. Name.

Miguel Estevan de Cabra. Name.
Good name!

Reynard de la Rochefoucauld. Reblazon of device. Gules, a bend sinister 
sable fimbriated between a compass rose and a sheaf of arrows Or.
His previous blazon listed the primary charge as a bend rather than a bend 
sinister.

Sely de Cumberlande. Name.
Listed on the LoI as Sely de Cumberland, her form listed the spelling 
Cumberlande. We have returned the byname to that spelling.
This is clear of her mundane name Shelly Cumberland by addition of de 
before Cumberlande.

Siegfried McClure. Name (see RETURNS for device and badge).
Listed on the LoI as Sigfrid McLure, the name was originally submitted as 
Siegfried McClure and changed at kingdom because a combination of Gaelic 
and German is not registerable. While kingdom is correct that mixing Gaelic 
and German in a name is not registerable, mixing Scots and German is 
registerable, though it is a weirdness. As McClure is a Scots form, not a 
Gaelic form, it is registerable with a German given name. Siegfried is 
dated to "Up to 1300" in Talan Gwynek's article "Late Period German 
Masculine Given Names: Names from 14th Century Plauen" 
(http://www.s-gabriel.org/names/talan/germmasc/plauen14.html) Both Robert 
McLure and Robert McClure are dated to 1526 in Black (p. 472 s.n. 
MacClure). Therefore, there is less than 300 years between the dates for 
the given name and byname, so there is not an additional weirdness for 
temporal disparity and this name is registerable.

Tylar of Lochmere. Holding name and device. Sable, three maple leaves in 
pall inverted stems to center Or.
Submitted under the name Taira no Akiyo, the submitter's name was returned 
in February 2002 for lack of forms. The Laurel office has since received 
the forms. Since the name form indicates that the submitter will accept a 
holding name, we are able to register this device with a holding name.
This does not conflict with a badge of the Barony of the Steppes, Sable, 
seme of oak leaves Or. There is one CD for changing the number of leaves. 
To quote the LoAR of May 1994 regarding maple leaves versus oak leaves: 
"The two leaves are not so visually similar as to warrant granting no 
difference between them". We do not find this ruling so unreasonable as to 
overrule it.

Tylar of Lochmere. Badge. (Fieldless) A penguin statant affronty, head to 
dexter, proper.
This does not conflict with a badge of Evan Mawr, Argent, a vulture close 
affronty proper, head to dexter, perched on a branch couped sable [Vultur 
gryphus]. There is one CD for fieldlessness. The branch in Evan's badge is 
small and thus should be considered a maintained charge. Penguins are 
arguably in their most identifiable posture when in this posture (statant 
affronty, head to dexter.) The most identifying portions of the vulture 
(the head and neck ruff) and penguin (flipper wings) are easily visible. 
Since penguins are not birds found in period heraldry, the difference 
between the penguin and vulture must be determined on visual grounds. A 
second CD is available for changing the type of bird.
One commenter raised the question of whether there was some problem due to 
the Penguin Books logo. That logo would be blazoned in the same manner as 
this badge. This is not illegal style under RfS VIII.4.b, a subsection of 
the rules on "Obtrusive Modernity". This rule forbids "Overt illusions to 
modern insignia, trademarks or common designs". This penguin is clearly a 
different penguin than the one in the Penguin Books logo. The Penguin Books 
penguin has a white crescent marking on its face, much more white on its 
front, and is all black and white. The submission under consideration has 
different proportions, no crescent marking on its face, and a very 
prominent red beak and feet.
As a guideline, there generally will not be an obtrusively modern "overt" 
allusion to a logo when the logo uses a single charge, unless the artwork 
of the submission matches the artwork of the logo very closely, or unless 
the charge is in some way unique. There might be an "overt" allusion to a 
logo without the artwork matching if the charge is unique or if the logo 
used a very unusual combination of charges. A girl holding an open parasol 
and strewing salt behind her from a canister might seem obtrusively modern 
due to the famous Morton Salt logo even if you dressed the girl in a 
cotehardie. These cases of obtrusive modernity must all be determined on a 
case by case basis.
As for the matter of conflict, the Administrative handbook says that we 
protect Copyrighted Images, Trademarks, Military Insignia, etc. "when 
covered by applicable laws and regulations in the country from which the 
material derives." Penguin Books is not listed in the US government's 
trademark database at http://www.uspto.gov/, so the logo does not appear to 
be a trademark. Even if it were a trademark or copyrighted image, we are 
unaware of any applicable laws or regulations whereby registration of a 
different-looking penguin in the SCA's Armorial would in any way violate 
copyright law or infringe on the business or brand recognition of Penguin 
Books.

Wolfram von Taus. Device. Per bend sinister sable and gules, a boar's head 
erased close Or.
He has a letter of permission to conflict with Harold von Auerbach, 
(Fieldless) A unicornate boar's head erased Or.