X Marks the Scot - An on-line community of kilt wearers.
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26th March 11, 07:07 PM
#9
 Originally Posted by SlackerDrummer
So let's assume someone has usurped (intentionally or not) arms that were granted by a foreign authority to another person. Where would they sue and on what grounds?
Presumably the suit would take place in the jurisdiction where the tort took place. One party (presumably the substantive armiger) would have to establish that some sort of injury or loss occurred because the assumptive armiger was trespassing on the intellectual property rights that are inherent within a personal mark of identification, such as a coat of arms or a cattle brand.
Other than in Scotland, where the mis-use of arms is a criminal offense (defrauding the government of statutory fees), a suit of this sort would be heard in civil court.
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