Getting a COA registered

[SlackerDrummer]

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.

Exactly. One would have to establish that damages occurred which would be very difficult unless 1) the grantee's arms were used in commerce and 2) the usurper's use of the arms had an impact on the grantee's business. And even then, I'm not sure a court would rule in favor of the grantee unless the actual image of the arms used by the usurper was one lifted from the grantee. I'm not sure, based on current American copyright or trademark law, that an original emblazonment owned by the usurper would be seen by the court as being the same as the grantee's.

[WVHighlander]

SlackerDrummer,

So the bottom line question is this: "If I assume a Coat of Arms and register it with an American institution can I wear my crest with an eagle feather in a bonnet at Clan events?"

[macwilkin]

SlackerDrummer,

So the bottom line question is this: "If I assume a Coat of Arms and register it with an American institution can I wear my crest with an eagle feather in a bonnet at Clan events?"

I would say no, since that is a custom associated with Scottish heraldry.

T.

[piperdbh]

I would say no, since that is a custom associated with Scottish heraldry.

T.

...and quite possibly with the Game Warden.

[WVHighlander]

Par conséquent, il y a la réponse, je pense.

[SlackerDrummer]

So the bottom line question is this: "If I assume a Coat of Arms and register it with an American institution can I wear my crest with an eagle feather in a bonnet at Clan events?"

I have thought about this and for me it doesn't matter whether or not I can. I wouldn't. Wearing a feather with your crest is a Scottish custom and is meaningless outside of Scottish heraldry. My arms are not Scottish arms as Scottish arms come from Lord Lyon.

To that end, of course, one should only ever consider wearing the silver feathers that are part of one's cap badge to any events in this country unless they are foreigners and the feathers came with them from home. Just possessing bald or golden eagle feathers in this country is illegal unless you have a permit* and carries a possible fine of up to $5000 and a year in jail, regardless of how meaningful they are in your ancestral customs. That goes for everyone including clan chiefs.

*Permits for eagle feathers are only available to American Indians for religious purposes.

[WVHighlander]

I have thought about this and for me it doesn't matter whether or not I can. I wouldn't. Wearing a feather with your crest is a Scottish custom and is meaningless outside of Scottish heraldry. My arms are not Scottish arms as Scottish arms come from Lord Lyon.

To that end, of course, one should only ever consider wearing the silver feathers that are part of one's cap badge to any events in this country unless they are foreigners and the feathers came with them from home. Just possessing bald or golden eagle feathers in this country is illegal unless you have a permit* and carries a possible fine of up to $5000 and a year in jail, regardless of how meaningful they are in your ancestral customs. That goes for everyone including clan chiefs.

*Permits for eagle feathers are only available to American Indians for religious purposes.

You gents are taking me to literally in the eagle feather question. I wasn't planning on plucking an eagle it was more a rhetorical question in regards to the CoA.

[SlackerDrummer]

You gents are taking me to literally in the eagle feather question. I wasn't planning on plucking an eagle it was more a rhetorical question in regards to the CoA.

The first part of my answer - that I wouldn't wear a feather - was regarding either a real feather or a stylized one. The rest was just a friendly reminder (or perhaps new information for some).

[WVHighlander]

The first part of my answer - that I wouldn't wear a feather - was regarding either a real feather or a stylized one. The rest was just a friendly reminder (or perhaps new information for some).

No worries. As an armiger one can have their crest with feather, made from sterling silver. Still an interesting debate regarding Coats of Arms. It is something I am going to pursue for sure. I am going to try Lyon first for genealogical reasons. If Lyon says no then I will look at other organizations.

[SlackerDrummer]

Still an interesting debate regarding Coats of Arms. It is something I am going to pursue for sure. I am going to try Lyon first for genealogical reasons. If Lyon says no then I will look at other organizations.

I hear that Lyon Court is quite pleasant to work with. Good luck and let us know how it goes. In the meantime, we'll just chat on in your thread.