KudoZ home » German to English » Law/Patents

Erstklägerin/Zweitklägerin

English translation: plaintiff No. 1/plaintiff No. 2

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
20:55 Jan 10, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Erstklägerin/Zweitklägerin
In a patent relating to trademark rights: "Wenn die Erstklägerin und mit ihr auch die in ihren Rechten klagende Zweitklägerin in Deutschlad berechtigt ist, die Firma "JMF" gegenüber dem Neumarkt zu führen und ihre Erzeugnisse entsprechend zu kennzeichnen ... "

Can anyone help with a rendering into EN of Erst- and Zweitklägerin?

Thanks very much!

Harold
xxxVadney
English translation:plaintiff No. 1/plaintiff No. 2
Explanation:
Multiple plaintiffs or defendants are usually listed in the "Rubrum" of a German complaint or court opinion in ordinal numbers - and will in the subsequent court proceedings or in the court opinion always be referred to as (e.g.) "Erstklaeger" or "Klaeger zu 1.", "Beklagter zu 3.", etc.

I prefer translating this as "Plaintiff No. 1" etc. I cannot recall having seen "first plaintiff" or "second plaintiff" in a U.S. court opinion.
Selected response from:

Beate Boudro
United States
Local time: 17:59
Grading comment
3 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
5First-named Plaintiff and second-named Plaintiff
Dr. Fred Thomson
5plaintiff No. 1/plaintiff No. 2Beate Boudro
3 +2first (primary) plaintiff - second (secondary ) plaintiffJulia Neyer
4primary and secondary plaintiffBeate Lutzebaeck
4first (primary) petitioner / second (secondary) petitioner
Sven Petersson


  

Answers


10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
first (primary) petitioner / second (secondary) petitioner


Explanation:
first (primary) petitioner / second (secondary) petitioner

Note: both female


    My geriatric brain.
Sven Petersson
Sweden
Local time: 01:59
Native speaker of: Native in SwedishSwedish, Native in EnglishEnglish
PRO pts in pair: 1628
Login to enter a peer comment (or grade)

28 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
primary and secondary plaintiff


Explanation:
Coming back to my answer to your question re "Zweitklägerin", in this instance "co-plaintiff" wouldn't work and you should use primary and secondary plaintiff.


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 13:59
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Login to enter a peer comment (or grade)

28 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
first (primary) plaintiff - second (secondary ) plaintiff


Explanation:
Having assisted many attorneys in court proceedings, it is my understanding that "petitioner" is rather used in divorce proceedings, so I tend to the use of "plaintiff". Though primary and secondary seems just about equivalent to first and second, I would rather use first and second in this context as it seems that both of the plaintiffs are on the same level vs. subordinate.

Julia Neyer
Local time: 19:59
Native speaker of: Native in GermanGerman
PRO pts in pair: 32

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: Good point about the first/primary, second/secondary - particularly considering that German court docs state these as Kläger zu 1, zu 2, etc
14 mins

agree  Bhupali Gupte
10 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5
plaintiff No. 1/plaintiff No. 2


Explanation:
Multiple plaintiffs or defendants are usually listed in the "Rubrum" of a German complaint or court opinion in ordinal numbers - and will in the subsequent court proceedings or in the court opinion always be referred to as (e.g.) "Erstklaeger" or "Klaeger zu 1.", "Beklagter zu 3.", etc.

I prefer translating this as "Plaintiff No. 1" etc. I cannot recall having seen "first plaintiff" or "second plaintiff" in a U.S. court opinion.

Beate Boudro
United States
Local time: 17:59
Native speaker of: Native in GermanGerman
PRO pts in pair: 253
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5
First-named Plaintiff and second-named Plaintiff


Explanation:
Plaintiff can sometimes be Petitioner or Complainant.
These entities are listed in order on the complaint or petition. One is named first and the other is named second (or next if there are more than two).
If you call the one Primary and the other Secondary (or second), then it sounds as though one has some priority over the other.
In my court experiences I have always found the above approach used.
However, there will be differences throughout the States.

Dr. Fred Thomson
United States
Local time: 17:59
Native speaker of: English
PRO pts in pair: 5861
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search