fonder la présente action

English translation: on which this action is based

11:50 Nov 25, 2019
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: fonder la présente action
Intellectual property dispute.

"Dans ses conclusions du 2 mai 2016, XXX reprochait aux Défendeurs de demander la nullité des marques de XXX fondant la présente action pour l’intégralité des classes listées dans le Certificat d’enregistrement des marques de XXX fondant la présente action."

My natural inclination is just to put something along the lines of "on the basis of which this action was brought". But then another part of my head says "but what about "mal-fondé", "bien-fondé", all that stuff? I'm wondering whether "fonder" in this context carries an idea of "justify" or something like it...

No legal definition of "fonder" found in (for example) Bridge. I tried other sources. Trésor de la Langue Française has a non-specifically-legal definition which may be close: "Donner à quelque chose son existence ou sa raison d'être"...
Mpoma
United Kingdom
Local time: 08:06
English translation:on which this action is based
Explanation:
Or "to which this action relates", or anything like that.

It says "fondant", not "fonder".

Since the phrase appears twice in one sentence, you could simply say "these marks" the second time.
Selected response from:

philgoddard
United States
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5on which this action is based
philgoddard
4bsing this action ...
GillW (MCIL)
4 -1justify the ongoing action
Eyango NKongo Flore


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
bsing this action ...


Explanation:
basing this action ...........
The 'fonds' of something can be the 'basis' or the 'merits' or the 'grounds'

GillW (MCIL)
Local time: 08:06
Specializes in field
Native speaker of: English
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: You can't use "basing" to mean "forming the basis of".
45 mins
  -> yes, you are right; read it too quickly!

neutral  AllegroTrans: jumbled word order
7 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
fondant la présente action
on which this action is based


Explanation:
Or "to which this action relates", or anything like that.

It says "fondant", not "fonder".

Since the phrase appears twice in one sentence, you could simply say "these marks" the second time.

philgoddard
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 215
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Eliza Hall: "The Marks on which this action is based," yep. (Marks is normally capitalized in EN litigation docs relating to trademarks).
3 hrs
  -> Thanks, though I don't see any reason to capitalize it.

agree  AllegroTrans: on which this action is founded
7 hrs

agree  Stephanie Benoist: yeppers
9 hrs

agree  Ph_B
19 hrs

agree  Cyril Tollari
3 days 19 hrs
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1 day 57 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
justify the ongoing action


Explanation:
the phrase under study is meant to explain the goal of a decision that has been taken earlier

Eyango NKongo Flore
Cameroon
Local time: 09:06
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: You have jumbled this up and misunderstood what is a clear legal concept
6 hrs
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