Hi Sven,
A little history. This all started about three years ago. Without getting specific I was consulted on a legal basis about the consequences of an argument that broke out between one of the head instructors of a well known Japanese karate system and one of his students in England. The student in England responded to the argument by filing for and receiving a trademark on the system's name. He then informed his instructor and his Soke that they could not use the system's name at the organization's upcoming international tournament held in ... England. What a mess, yet the student was perfectly within his LEGAL rights.
It was then I realized that individuals with little thought or who act on a whim can exercise control over the use of a name of a tradition hundreds of years old. It was also why I initiated the filings on behalf of Katsuse Soke to trademark Suio Ryu® and Suio Ryu Iai Kenpo®. The thread about what is going on in Argentina is a perfect example as to why this was done. From what I understand the individual in question also filed for a trademark in Argentina for the term "Suio Ryu" and received it. Nothing can be done about it now. Ergo NO ONE can use the term Suio Ryu in Argentina without receiving prior permission of Mr. Cirone.* (Filing for a trademark in Argentia and Brazil was my next step, but it had to be done through an attorney. Apparently I was "beaten" to the punch.)
"Honor" can no longer protect that which we have a name for what we do. There are too many people out there who will use the legal system to further their own interests. The only way to protect from this is the defensive use of the legal system.
Is this the future of koryu? Probably yes. If the systems do not defend themselves someone who has never been part of the school can file for, say, "Tenshin Shoden Katori Shinto Ryu" and "TSKSR" in England or France or Argentina and they WILL own the name.
By the way, on a personaly note I literally HATED being forced to file for a trademark. In my opinion it is absolutely outrageous that anyone would claim the right to the name of a system that does not belong to them and in which they may or may not participate can yet be GRANTED a sole, defendable legal right to it.
Disgusted by all of this,
Brian
ps *B - THIS is precisely why I filed for a trademark.