<HTML><FONT FACE=arial,helvetica><FONT SIZE=2>Greetings to Atlantia from Lord Michael Batcok, Triton Principal Herald.
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<BR>The following items were RETURNED for further work by the Laurel Sovereign of Arms at his November meeting:
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<BR>ATLANTIA
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<BR>Erik the Bear. Device. Argent, a sword and a great axe in saltire
<BR>sable in chief a brown bear's head cabossed proper.
<BR>
<BR> RfS VIII.4.b. Modern Insignia states: "Allusions to modern
<BR> insignia, trademarks, or common designs may not be registered."
<BR> This rule does not refer to a particular artistic style, such as
<BR> whether the particular depiction is stylized (such as the Chicago
<BR> Bulls logo) or naturalistic (such as the Chicago Bears logo), nor does
<BR> it refer to technical conflict. The issue here is unmistakable
<BR> allusion to the modern insignia or trademark.
<BR>
<BR> The bear's head here appears to be a photocopy of the Chicago Bears
<BR> logo as seen on their web site, but flipped on the vertical axis,
<BR> omitting some details, and colored in a different shade of
<BR> brown. Because this could reasonably be seen by many viewers as
<BR> "just the same" as the bear's head portion of the Bears logo,
<BR> this is too strong an allusion to a modern trademark to be registered.
<BR>
<BR> The sword and axe are clearly the primary group here, and the bear's
<BR> head (which is significantly smaller) is a secondary group on its
<BR> own. While keeping the relative proportion of the charges the same,
<BR> please advise the submitter to draw them all larger, and to center the
<BR> sword and axe more on the shield, to better fill the available space.
<BR>
<BR>Erik the Bear. Badge. (Fieldless) A brown bear's head cabossed proper.
<BR>
<BR> RfS VIII.4.b. Modern Insignia states: "Allusions to modern
<BR> insignia, trademarks, or common designs may not be registered."
<BR> This rule does not refer to a particular artistic style, such as
<BR> whether the particular depiction is stylized (such as the Chicago
<BR> Bulls logo) or naturalistic (such as the Chicago Bears logo), nor does
<BR> it refer to technical conflict. The issue here is unmistakable
<BR> allusion to the modern insignia or trademark.
<BR>
<BR> The bear's head here appears to be a photocopy of the Chicago Bears
<BR> logo as seen on their web site, but flipped on the vertical axis,
<BR> omitting some details, and colored in a different shade of
<BR> brown. Because this could reasonably be seen by many viewers as
<BR> "just the same" as the bear's head portion of the Bears logo,
<BR> this is too strong an allusion to a modern trademark to be registered.
<BR>
<BR>Fa{i'}lenn inghean Mheanmain of Ulster. Device. Quarterly vert and
<BR>argent, two Latin crosses argent.
<BR>
<BR> Conflict with William Forest Oldemixon, Per pale azure and sable,
<BR> two Latin crosses fitchy argent. There is a CD for changes to the
<BR> field, but nothing for fitching the crosses. There is no
<BR> difference for the change of the arrangement of the crosses, since
<BR> Fa{i'}lenn's are forced to be in bend by the field tincture.
<BR>
<BR>Manuela Pon{c,}e. Device. Per pale sable and vert, on a round artist's
<BR>palette Or marked of various tinctures two brushes in saltire sable
<BR>handled proper.
<BR>
<BR> The College could not find evidence for round artist's palettes in
<BR> period heraldry or as a period artifact. Without documentation for a
<BR> round palette, this charge may not be registered.
<BR>
<BR>Torfin de Carric. Device. Chevronelly Or and gules.
<BR>
<BR> Conflict with Clare, Earl of Gloucester, Or three chevrons gules
<BR> (Important non-SCA armory). There is no difference between
<BR> chevronelly and multiple chevronels.
<BR>
<BR> Past precedent indicates that no difference should be given for paly
<BR> versus pallets, or barry versus bars, due to their historical
<BR> interchangeability. This interchangeability has been extended for SCA
<BR> practice to bendlets sinister:
<BR>
<BR> [considering Argent, four scarpes gules, overall a bear
<BR> rampant sable] After much thought we have decided that with
<BR> that many scarpes on the field, that there is no effective
<BR> difference between that and a bendy sinister field. It was not
<BR> unusual for barry or paly fields in period to be drawn with an
<BR> odd number of traits (which we'd blazon as bars or palets);
<BR> see, for example, the arms of Mouton (Multon, Moleton) found
<BR> both as Barry argent and gules and Argent, three bars
<BR> gules. (Dictionary of British Arms, Volume 1, pp 59, 88;
<BR> Foster, p.145) and the arms of von Rosenberg, whose Per fess
<BR> field has in base either three bends or bendy depending upon
<BR> the artist's whim (Siebmacher, p. 8; Neubecker and Rentzmann,
<BR> p. 290). Even when the distinction is worth blazoning, it's
<BR> worth no difference. Therefore, this conflicts with
<BR> ... Argent, a bear rampant sable.... (Aron Nied{th}wied{th},
<BR> 12/97 LoAR p. 8)
<BR>
<BR> The situation with chevronelly is more ambiguous, both historically
<BR> and visually. Electrum has provided evidence that strongly implies
<BR> that chevronelly and multiple chevrons were drawn interchangeably
<BR> before 1300, but by 1400 depictions of arms using three chevrons would
<BR> consistently have been drawn as we would expect three chevrons to be
<BR> drawn. However, no one has provided evidence suggesting that
<BR> chevronelly and multiple chevrons would have been considered different
<BR> by a later period viewer: chevronelly might have been considered a
<BR> poor artistic rendering of three chevrons, rather than a distinct
<BR> cadenced, or completely different, coat.
<BR>
<BR> Visually, chevronelly may at times differ from being exactly analogous
<BR> to barry, paly and bendy. In the latter fields, the only way to
<BR> visually distinguish these designs from bars, pallets or bendlets is
<BR> to count the stripes or compare the tincture of the top and bottom
<BR> stripe. The majority of the shield looks just the same regardless of
<BR> whether there are an odd or even number of traits. In the case of
<BR> chevronelly versus chevronels, there can be an extra visual cue that
<BR> chevronelly is intended. In arms such as Or three chevronels gules,
<BR> the point of the chiefmost gules chevron would always be clearly
<BR> visible as a point, and not cut off at the top of the shield.
<BR> Chevronelly Or and gules could be drawn with the top of the gules
<BR> chevron cut off at the top of the shield, giving a clear visual cue
<BR> that chevronelly is intended, and not requiring the counting of traits
<BR> or looking at the tincture of the bottom trait.
<BR>
<BR> However, this visual cue is not present in all depictions of
<BR> chevronelly. Chevronelly may be drawn in such a way as to require
<BR> counting of traits, or looking at the bottom trait of the shield, to
<BR> determine which design is intended. This would be the depiction where
<BR> the top gules chevron has a visual point: it's throughout (touching
<BR> the chief), which would be a reasonable depiction for the top of a
<BR> shield showing Or three chevronels gules. The emblazon of this
<BR> submission is drawn in such a way, with the top gules chevron portion
<BR> being throughout.
<BR>
<BR> Given the well established pattern of interchangeability for other
<BR> multiply divided fields versus multiple ordinaries, and the
<BR> ambiguities in the case of chevronelly versus chevronels, it seems
<BR> appropriate to extend the ruling for the other ordinaries to cover
<BR> chevrons.
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