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Warenidentität einschließlich Warenähnlichkeit

English translation: the way that I see it ...

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08:21 Jan 30, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: Warenidentität einschließlich Warenähnlichkeit
"Nach ständiger höchst richterlicher Rechtssprechung wird bei Warenidentität einschließlich hochgradiger Warenähnlichkeit ein wesentlich deutlicherer Abstand der Zeichen selbst gefordert, um Verwechselungsgefahren auszuschließen, als bei einem großen Warenabstand."

This is from a letter of a lawyer representing a German company to a non-German company which has started trading in Germany. The two companies are in the same business, the German company has protected its trading name as a trade mark in German and the EU, and the foreign company is using a trading name which I would describe as a shortened form of the protected trade mark.

The lawyer is consequently stating that this is not on, unless they come to an agreement with his client, the German company.

What I don´t get is whether this sentence is really somewhat wrong, as it seems to me, on the grounds that "identity including similarity" is not a very well-thought out concept, or whether there is something here I don´t understand or don´t know about. Can anyone help, please?
Chris Rowson
Local time: 18:59
English translation:the way that I see it ...
Explanation:
... is that for identical goods or highly similar goods the signage/logo should be much more different (to avoid confusion of the goods) than for goods that have only marginal similarity (in which case the judgment would allow a more similar logo).

does that make sense
Selected response from:

Tey Lyn
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2the way that I see it ...Tey Lyn
5where goods are identical or substantially similar
Maureen Holm, J.D., LL.M.
5brand identity and brand similarity
Martin Hesse
3comment
Jonathan MacKerron


  

Answers


10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
comment


Explanation:
isn't the idea here that products are either "identical" or "very similar"?

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Note added at 2003-01-30 08:33:02 (GMT)
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I assume that one company can sue another, not only for exact copies but for approximate copies as well.

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 5577
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25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
the way that I see it ...


Explanation:
... is that for identical goods or highly similar goods the signage/logo should be much more different (to avoid confusion of the goods) than for goods that have only marginal similarity (in which case the judgment would allow a more similar logo).

does that make sense

Tey Lyn
PRO pts in pair: 4
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  TonyTK: Exactly: identical (car/car), highly similar (car/motorbike), quite different (car/men's skin-friendly pro-hygiene leopardskin thong)
13 mins

agree  gangels
7 hrs
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38 mins   confidence: Answerer confidence 5/5
brand identity and brand similarity


Explanation:
PDF]Early-Entrant Advantage, Word-of-Mouth Communication, Brand ...
Dateiformat: PDF/Adobe Acrobat - HTML-Version
Early-Entrant Advantage, Word-of-Mouth Communication, Brand Similarity, and the Consumer
Decision-Making Process Rajdeep Grewal Thomas W. Cline Anthony Davies ...
www.bus.duq.edu/faculty/davies/research/jcp.pdf

PDF]Summary of Analytic Techniques This document is designed to give ...
Dateiformat: PDF/Adobe Acrobat - HTML-Version
... Perceptual mapping most often uses direct customer ratings of brand
similarity, although other measures are possible. Preference ...
bear.cba.ufl.edu/cooke/mar6508/pdf/techsum.pdf

tons of hits for brand identity

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Note added at 2003-01-30 09:06:23 (GMT)
--------------------------------------------------

So if they produce similar goods, at least they need to differentiate their trademarks more than they would need if their goods weren\'t that similar.

I\'ve recently come across a case involving sports goods labeled \'didas\' with three stripes. I guess, this is a similar case. If this company would produce, say, textiles other than sports goods, they could probably use the name \'didas\', but as they make sports goods, the infringe the rights of Adidas.

Martin Hesse
Local time: 18:59
Native speaker of: German
PRO pts in pair: 217
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16 hrs   confidence: Answerer confidence 5/5
where goods are identical or substantially similar


Explanation:
The point here, I believe, is not an infringement, but rather, probably an application for trademark registration. The lawyer's point is that the courts have consistently held that where goods [or products] are identical or substantially similar, the trademarks designating them are required to be distinguishable from one another.
Thus, if I produce matchsticks or flour, which are a widely trafficked product, the one kind largely indistinguishable from the other, I seek to identify the source of the better matchsticks through the use of a distinctive trademark. The products themselves may be identical in quality and purpose.
The purpose of trademark designation is to identify a specific source of a product and distinguish it from others. Brand loyalty develops out of such identification of source. The flipside, of course, is the notion of goods, indeed the marks, being "confusingly similar." That's what infringers trade on.

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Note added at 2003-01-31 01:08:29 (GMT)
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As to your narrower question on the \"einschliesslich\":

\"identical goods, [which term] encompasses substantially similar goods, OR

\"identical goods, with substantially similar goods being included therein,\"

Courts at the highest level[s] have consistently HELD that . . . etc.


Maureen Holm, J.D., LL.M.
United States
Local time: 12:59
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
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