Jan 10, 2002 20:55
22 yrs ago
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German term

Erstklägerin/Zweitklägerin

German to English Law/Patents
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

Proposed translations

1 hr
Selected

plaintiff No. 1/plaintiff No. 2

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.
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3 KudoZ points awarded for this answer.
10 mins

first (primary) petitioner / second (secondary) petitioner

first (primary) petitioner / second (secondary) petitioner

Note: both female
Reference:

My geriatric brain.

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28 mins

primary and secondary plaintiff

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.
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+2
28 mins

first (primary) plaintiff - second (secondary ) plaintiff

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.
Peer comment(s):

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 (X)
10 hrs
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2 hrs

First-named Plaintiff and second-named Plaintiff

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.
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