consommateur d'attention moyenne, normalement informé et raisonnablement avisé

English translation: "reasonably well informed and reasonably observant and circumspect" consumer

05:46 Jun 20, 2020
French to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
French term or phrase: consommateur d'attention moyenne, normalement informé et raisonnablement avisé
This entire phrase isan "all in one" legal expression used frequently, in its entirety, in the area of intellectual property. Intellectual property (trademarks) dispute, Cour de cassation. Comparison of new trade mark seeking registration with an existing one.

"qu'il s'infère en définitive de la comparaison visuelle, phonétique et intellectuelle des signes en présence une impression d'ensemble suffisamment différente pour exclure un risque de confusion, même pour des produits identiques ou similaires, dans l'esprit du consommateur d'attention moyenne, normalement informé et raisonnablement avisé, lequel ne serait pas fondé à considérer le signe contesté comme une déclinaison de la marque première et attribuer aux produits couverts par les signes en cause une origine commune ni à les associer comme provenant d'entreprises économiquement liées ;"

"1) et à en déduire « une impression d'ensemble suffisamment différente pour exclure un risque de confusion, même pour des produits identiques ou similaires, dans l'esprit du consommateur d'attention moyenne, normalement informé et raisonnablement avisé » (arrêt attaqué ..."

My stab at this, after perusing the Interweb for a while for texts produced by m'learned friends, is "reasonably observant, normally informed and reasonably circumspect consumer".
Mpoma
United Kingdom
Local time: 23:07
English translation:"reasonably well informed and reasonably observant and circumspect" consumer
Explanation:
The portion I would put into quotation marks is from the EN version of the 2016 Speciality decision, which was published in EN and FR. It seems to be quoting a Humbert decision, for reasons I don't understand because Humbert is described as unpublished. Regardless, i ended my search here without looking at Humbert or Speciality/FR because it already seemed pretty clear that the term is boilerplate from preexisting case law including Humbert. To pursue it further you could see Paras. 19 and 26 in the Speciality/EN decision appearing (I hope) at the link below. Nor can I comment on how this court generates these dual EN/FR versions but I assume the two are equally official. If you found Humbert and looked at the cases cited there, you might find exactly your source text and drop the quotation marks that I've added.
Selected response from:

mrrafe
United States
Local time: 18:07
Grading comment
Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3"reasonably well informed and reasonably observant and circumspect" consumer
mrrafe
4the consumer of average attention, normally well-informed and reasonably well-advised
Francois Boye
3customer of moderate attentiveness, reasonably well informed and sensible
Lisa Rosengard
4 -1consumer of average attentiveness, with a normal amount of information, and reasonable prudence
Eliza Hall


Discussion entries: 7





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
"reasonably well informed and reasonably observant and circumspect" consumer


Explanation:
The portion I would put into quotation marks is from the EN version of the 2016 Speciality decision, which was published in EN and FR. It seems to be quoting a Humbert decision, for reasons I don't understand because Humbert is described as unpublished. Regardless, i ended my search here without looking at Humbert or Speciality/FR because it already seemed pretty clear that the term is boilerplate from preexisting case law including Humbert. To pursue it further you could see Paras. 19 and 26 in the Speciality/EN decision appearing (I hope) at the link below. Nor can I comment on how this court generates these dual EN/FR versions but I assume the two are equally official. If you found Humbert and looked at the cases cited there, you might find exactly your source text and drop the quotation marks that I've added.

Example sentence(s):
  • According to settled case-law, the consumer of alcoholic drinks is a member of the general public, deemed to be reasonably well informed and reasonably observant and circumspect (see judgment of 4 May 2016, BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN, T‑1

    Reference: http://curia.europa.eu/juris/document/document.jsf;jsessioni...
mrrafe
United States
Local time: 18:07
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thanks

Peer comments on this answer (and responses from the answerer)
agree  Suzie Withers
3 hrs
  -> Merci Suzie. I think defendant was trying to argue that someone that buys their exceptional Scotch is smarter than the average consumer.

agree  philgoddard: But I don't agree with the repetition. "Reasonably well informed, observant, and circumspect." And existing translations aren't "official" - they're just one person's opinion.
9 hrs
  -> Merci Phil. Again, query whether one may seek better synonyms in preestablished law.

disagree  Francois Boye: well-informed does not mean having an average attention; reasonably and normally are two different adverbs.
13 hrs
  -> Merci Francois. True, but query whether one may seek better synonyms in preestablished law.

agree  Yolanda Broad
15 hrs
  -> Merci Yolanda

agree  SafeTex: thank gawd one suggestion sounds English at least.
2 days 17 hrs
  -> Merci Tex
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
consumer of average attentiveness, with a normal amount of information, and reasonable prudence


Explanation:
Because EN "normally" is in many contexts a faux ami for FR "normalement," I would suggest rephrasing. In EN "verb + normally" is often well translated as "normalement": operating normally, walking normally, speaking/acting/thinking normally, etc. That works.

But "normally + past participle or adjective" doesn't. If you say a person is "normally informed," native EN speakers hear that as something like, "normally she's well informed, although perhaps she wasn't in this case."

So if you want to keep "normal," which I would agree with others is more important than the syntax, it's best to rephrase. Having rephrased that part, the rest of the sentence works better with a bit of rephrasing as well. The last bit might be slightly closer in meaning as "reasonable circumspection," but that sounds just ODD in EN, even legal EN. Investisseur avisé is the FR translation of another very common EN legal term: the "prudent investor." Hence, prudent consumer > consumer with reasonable prudence.

Eliza Hall
United States
Local time: 18:07
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  mrrafe: Same comment as twice above: a cited precedent mustn't be modified for editorial reasons.
2 hrs
  -> See discussion: I didn't change the cited precedent -- in FR it isn't identical to Mpoma's text.

neutral  AllegroTrans: "with a normal amount of information" sounds really vague and woolly
16 hrs

disagree  SafeTex: Such a long justification to arrive at "with a normal amount of information" which sounds like an abonimation in English
2 days 3 hrs
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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the consumer of average attention, normally well-informed and reasonably well-advised


Explanation:
https://www.walkermorris.co.uk/publications/reasonably-well-...

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Note added at 18 hrs (2020-06-20 23:55:56 GMT)
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The reasonably well-informed and normally diligent tenderer was first introduced by the European Court of Justice to allow the principle of transparency within the EU Procurement Directives to be considered (SIAC Construction Ltd v County Council of Mayo (Case C-19/00) [2001] ECR I-7725).

Francois Boye
United States
Local time: 18:07
Native speaker of: Native in FrenchFrench
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Eliza Hall: I see what you're getting at, but we just don't use "normally" this way in EN. "Normally well-informed" means "usually well-informed (but perhaps not so well informed this time)."//This isn't statistical analysis but normal, educated legal English.
16 mins
  -> Normally is a statistical concept used in quantitative analysis. In addition, did you read the attachment?
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2 days 12 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
customer of moderate attentiveness, reasonably well informed and sensible


Explanation:
The surrounding context states the following:

"Dans l'esprit du consommateur d'attention moyenne, normalement informé et raisonnablement avisé,lequel ne serait pas fondé à considérer le signe contesté comme une déclinaison de la marque première."

I understand it means:
"The moderately attentive, reasonably well informed and sensible customer would not consider the opposing brand name on an item's label as a decline in the first brand name."

Lisa Rosengard
United Kingdom
Local time: 23:07
Native speaker of: Native in EnglishEnglish
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