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冒充/影射

English translation: counterfeiting/passing off

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:冒充/影射
English translation:counterfeiting/passing off
Entered by: Yongmei Liu
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08:25 Feb 16, 2008
Chinese to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
Chinese term or phrase: 冒充/影射
不得有冒充、抄襲、模仿、影射或其他不實情形

passing-off, copying, imitation, ____???
Yongmei Liu
United States
Local time: 05:48
counterfeiting/passing off
Explanation:
假冒影射(Passing Off)意指一方以不正當的手法誤導消費大眾,使眾人認為他的產品/服務與另一知名度高的產品/服務是同樣/相關的。

Passing off is a common law tort which can be used to enforce unregistered trademark rights. Passing off essentially occurs where the reputation of party A is "misappropriated" by party B, such that party B "misrepresents" this reputation and damages the goodwill of party A.

The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the plaintiff, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
http://en.wikipedia.org/wiki/Passing_off


Counterfeit Goods:
Goods bearing a trademark that is either identical with, or substantially indistinguishable from, a federally registered mark. While infringement of a trademark requires confusing similarity between marks, regardless of the intent of the infringer, counterfeiting can only occur when the perpetrator "knowingly used the counterfeit mark with an intent to traffic in the goods bearing such mark". Trafficking in counterfeit marks may be a criminal offense, and can lead to treble damages when pursued in a civil court. The U.S. Customs Bureau and the International Trade Commission can help trademark owners stop the importation of counterfeit goods into the United States.
http://www.marklaw.com/trademark-glossary/A-C.htm#C


http://209.85.175.104/search?q=cache:rPFLQ8fRIcQJ:www.cnfi.o...


--------------------------------------------------
Note added at 8 hrs (2008-02-16 17:07:39 GMT)
--------------------------------------------------

You may easily recognize that the term "passing off" is mostly used in the UK and countries that have adopted the UK's laws.

--------------------------------------------------
Note added at 20 hrs (2008-02-17 04:51:19 GMT)
--------------------------------------------------

You may also refer to this online English-Chinese dictionary about the Law of Passing-off.

http://books.google.com/books?id=K_x8cZLvYz8C&pg=PA658&lpg=P...

Selected response from:

Shirley Lao
Taiwan
Grading comment
Thank you!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4counterfeiting / insinuating
rushidao
3 +1counterfeiting/passing offShirley Lao
3substitue/mirroring
Michael Lai


Discussion entries: 2





  

Answers


5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
substitue/mirroring


Explanation:
I think it's hard to say what the exact term should be used, because it depends on what is being copied or faked. Forgery could probably go in one of the terms as well, but these are more suitable suggestions in my opinion, at least in relation to the translation of the terms.

Michael Lai
Local time: 22:48
Native speaker of: Native in ChineseChinese, Native in EnglishEnglish
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
counterfeiting / insinuating


Explanation:
counterfeiting / insinuating

--------------------------------------------------
Note added at 6 hrs (2008-02-16 14:56:52 GMT)
--------------------------------------------------

insinuation (plural insinuations)

1. The act or process of insinuating; a creeping, winding, or flowing in.
2. The act of gaining favor, affection, or influence, by gentle or artful means; -- formerly used in a good sense, as of friendly influence or interposition.
3. The art or power of gaining good will by a prepossessing manner.
4. That which is insinuated; a hint; a suggestion or intimation by distant allusion; as, slander may be conveyed by insinuations.



    Reference: http://en.wikipedia.org/wiki/Counterfeit
rushidao
Local time: 20:48
Native speaker of: Native in ChineseChinese
Notes to answerer
Asker: nice - thanks!

Asker: btw - can you copy the part on insinuation? wikipedia is blocked over here, sigh

Asker: Hmmm, I thought you meant the word insinuating was used in that article to describe a form of IPR infringement ...


Peer comments on this answer (and responses from the answerer)
agree  orientalhorizon
1 hr

agree  Milton Guo
3 hrs

agree  karcsy
8 hrs

agree  Angus Woo
17 hrs
Login to enter a peer comment (or grade)

8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
counterfeiting/passing off


Explanation:
假冒影射(Passing Off)意指一方以不正當的手法誤導消費大眾,使眾人認為他的產品/服務與另一知名度高的產品/服務是同樣/相關的。

Passing off is a common law tort which can be used to enforce unregistered trademark rights. Passing off essentially occurs where the reputation of party A is "misappropriated" by party B, such that party B "misrepresents" this reputation and damages the goodwill of party A.

The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the plaintiff, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
http://en.wikipedia.org/wiki/Passing_off


Counterfeit Goods:
Goods bearing a trademark that is either identical with, or substantially indistinguishable from, a federally registered mark. While infringement of a trademark requires confusing similarity between marks, regardless of the intent of the infringer, counterfeiting can only occur when the perpetrator "knowingly used the counterfeit mark with an intent to traffic in the goods bearing such mark". Trafficking in counterfeit marks may be a criminal offense, and can lead to treble damages when pursued in a civil court. The U.S. Customs Bureau and the International Trade Commission can help trademark owners stop the importation of counterfeit goods into the United States.
http://www.marklaw.com/trademark-glossary/A-C.htm#C


http://209.85.175.104/search?q=cache:rPFLQ8fRIcQJ:www.cnfi.o...


--------------------------------------------------
Note added at 8 hrs (2008-02-16 17:07:39 GMT)
--------------------------------------------------

You may easily recognize that the term "passing off" is mostly used in the UK and countries that have adopted the UK's laws.

--------------------------------------------------
Note added at 20 hrs (2008-02-17 04:51:19 GMT)
--------------------------------------------------

You may also refer to this online English-Chinese dictionary about the Law of Passing-off.

http://books.google.com/books?id=K_x8cZLvYz8C&pg=PA658&lpg=P...



Shirley Lao
Taiwan
Specializes in field
Native speaker of: Native in ChineseChinese
PRO pts in category: 14
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  M. Mayfield
1 day10 hrs
  -> Thanks!
Login to enter a peer comment (or grade)




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