10:46 Mar 14, 2007 |
German to English translations [PRO] Law/Patents - Law: Contract(s) / franchise agreement | |||||||
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| Selected response from: Axel Seyler (X) Local time: 06:24 | ||||||
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Summary of answers provided | ||||
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5 | attack |
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3 | prevention of trademark infringement |
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prevention of trademark infringement Explanation: "Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. In many countries, but not in the United States, which recognizes common law trademark rights, a trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable." ____________________________ Slightly rephrased. Reference: http://en.wikipedia.org/wiki/Trademark_infringement |
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Notes to answerer
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attack Explanation: The German author is using a general descriptive term: "Angriff". Unless you feel that it is your job to explain in your translation what that could involve specifically, "attack" should work just fine. If you want to say more, you could translate "Angriff" with "infringement or challenge". Bear in mind that a trademark could be attacked not only through infringement but also, for example, by a legal challenge of its validity. Therefore, "infringement", by itself, would be too limiting in my view. Under the clause, the franchisor agrees to maintain and protect the trademark, etc., against attack, particularly with respect to attacks vis-a-vis the franchisee where such attacks affect the name AB, etc. |
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