Jun 16, 2020 16:09
3 yrs ago
40 viewers *
German term
United States
Providing Nordic language solutions
Native in: English (Variant: US) 
Works in: German to English, Swedish to English, Dutch to English, and 5 more.
Abnehmerverwarnung
German to English
Law/Patents
Law (general)
The word comes from a "Statement of facts"
Die Parteien streiten über Unterlassungsansprüche wegen einer angeblichen Abnehmerverwarnung
I saw that it was listed in the Proz term base as "cease-and-desist warning", but I feel like it doesn't really fit here.
Thank you!
Die Parteien streiten über Unterlassungsansprüche wegen einer angeblichen Abnehmerverwarnung
I saw that it was listed in the Proz term base as "cease-and-desist warning", but I feel like it doesn't really fit here.
Thank you!
Proposed translations
(English)
| 4 | warning of a consignee |
Chris Pr
|
| 4 | letter before action alleging secondary infringement |
Lancashireman
|
| 3 +1 | warning letter to infringer's customer |
Michael Martin, MA
|
References
| possibly useful |
liz askew
|
Change log
Jun 17, 2020 07:12: Steffen Walter changed "Field (write-in)" from "Abnehmerverwarnung" to "(none)"
Proposed translations
11 mins
Selected
warning of a consignee
" In the letter case, it is a so-called "Abnehmerverwarnung" (warning of a consignee), which requires an elevated level of diligence. In particular, such a warning letter shall only be the means of choice if a warning letter to the producer either had..."
https://www.glawe.de/en/news/federal-court-justice-liability...
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Note added at 20 mins (2020-06-16 16:29:50 GMT)
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Or:
"If the letter is sent to the customer of a primary infringer (German: Abnehmerverwarnung), the requirements for a complete and truthful..."
https://e-courses.epo.org/pluginfile.php/1365/course/section...
infringement warning
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Note added at 27 mins (2020-06-16 16:37:28 GMT)
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""Ueberlegungen zur unberechtigen Abnehmerverwarnung. GRUR. ... 1995; Warning letter against customers of patent infringer and unfair ..."
https://jglobal.jst.go.jp/en/detail?JGLOBAL_ID=2009010421425...
https://www.glawe.de/en/news/federal-court-justice-liability...
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Note added at 20 mins (2020-06-16 16:29:50 GMT)
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Or:
"If the letter is sent to the customer of a primary infringer (German: Abnehmerverwarnung), the requirements for a complete and truthful..."
https://e-courses.epo.org/pluginfile.php/1365/course/section...
infringement warning
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Note added at 27 mins (2020-06-16 16:37:28 GMT)
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""Ueberlegungen zur unberechtigen Abnehmerverwarnung. GRUR. ... 1995; Warning letter against customers of patent infringer and unfair ..."
https://jglobal.jst.go.jp/en/detail?JGLOBAL_ID=2009010421425...
Peer comment(s):
| neutral |
Michael Martin, MA
: Good sources. But I would word it differently..
1 hr
|
| neutral |
AllegroTrans
: With such little context I fail to see how you can detect a consignee anywhere
3 hrs
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Would extra context meaningly alter "infringement warning' at all...
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4 KudoZ points awarded for this answer.
3 hrs
letter before action alleging secondary infringement
A letter before claim (sometimes known as a ‘letter before action’) is a letter putting a person on notice that court proceedings may be brought against them.
https://www.inbrief.co.uk/claim-preparations/responding-to-a...
https://www.lexisnexis.co.uk/legal/guidance/copyright-second...
Not keen on the noun form 'infringer'.
I also think that 'alleged' should be incorporated here, assuming that space is not at a premium.
Source text refs as already provided by my learned colleagues.
https://www.inbrief.co.uk/claim-preparations/responding-to-a...
https://www.lexisnexis.co.uk/legal/guidance/copyright-second...
Not keen on the noun form 'infringer'.
I also think that 'alleged' should be incorporated here, assuming that space is not at a premium.
Source text refs as already provided by my learned colleagues.
Peer comment(s):
| neutral |
AllegroTrans
: Much more like it but I would need to be convinced we are dealing with a secondary infringement
2 mins
|
| neutral |
Michael Martin, MA
: These nuances are worth considering but I would err on the side of keeping it as short as possible. You don't want to end up with an eierlegende Wollmilchsau//Deliver away..:-)
11 mins
|
| neutral |
Chris Pr
: Unsurprisingly, no bilingual references provided...// In other words random guesswork...
1 hr
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Please clarify your original comment, since deleted: "Screenshot also captured for ProZ support team to investigate further signs of 'teamplay' on these pages."
|
+1
1 hr
Michael Martin, MA
United States
United States
Native in German
&
English
Specializes in field
United States
Creativity wins in the long run
Native in: German (Variant: Germany) 
, English (Variant: US)
Works in: German to English
Related KudoZ points
:
364
warning letter to infringer's customer
.."warning letter to infringer's (downstream) customer/distributor.."
Compare:
"Control Risks with Warning Letters to Infringer's Distributors
...On the other hand, there would be much more considerations if the IP owner wants to send warning letters to the primary infringer’s business partners or downstream customers, as doing so could carry potential liabilities for unfair competition or even commercial defamation."
http://www.niuyie.com/control-risks-with-warning-letters-to-...
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Note added at 7 days (2020-06-23 21:57:15 GMT)
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Warning letter to downstream customers/distributors/suppliers
"...the patentee continued to send warning letters to downstream customers.." https://aippi.org/?wysija-page=1&controller=email&action=vie...
Compare:
"Control Risks with Warning Letters to Infringer's Distributors
...On the other hand, there would be much more considerations if the IP owner wants to send warning letters to the primary infringer’s business partners or downstream customers, as doing so could carry potential liabilities for unfair competition or even commercial defamation."
http://www.niuyie.com/control-risks-with-warning-letters-to-...
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Note added at 7 days (2020-06-23 21:57:15 GMT)
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Warning letter to downstream customers/distributors/suppliers
"...the patentee continued to send warning letters to downstream customers.." https://aippi.org/?wysija-page=1&controller=email&action=vie...
Peer comment(s):
| disagree |
Chris Pr
: Effectively reciting my very own references...and bringing no 'added value'...// How appropriate that "cease-and-desist" should appear here to underline the case...
5 mins
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Hilarious. Anybody can compile sources. It's the wording that counts. I get paid for translating terms, not for researching them.
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| neutral |
AllegroTrans
: I cannot see an "infringer's customer" here; we surely need more context
2 hrs
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I agree that we don't have a lot of context in Kelly's text but it gets clearer when you research how German sources use the term..
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| agree |
Adrian MM.
: warning notice, perhaps, 'vor dem Bezug von dem Verletzer' (*pre-sourcing* from the primary infringer) https://wirtschaftslexikon.gabler.de/definition/abnehmerverw...
4 hrs
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Thanks, Adrian!
|
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| agree |
Daniel Arnold (X)
: I'd make it "warning letter served on the customers of the primary infringer". Also see https://e-courses.epo.org/pluginfile.php/1365/course/section...
6 days
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Thanks, Daniel. Without space considerations, this would be the better wording!
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Reference comments
2 hrs
Reference:
possibly useful
https://e-courses.epo.org/wbts_int/litigation/BurdenOfProof....
For example, under German law, an unjustified warning letter could be considered an act of unfair competition. ****A warning letter can be unjustified if the patent is invalid or if the warning letter is misleading or incomplete (e.g. because it does not disclose a negative validity decision). If the letter is sent to the customer of a primary infringer (German: Abnehmerverwarnung)****, the requirements for a complete and truthful approach are even higher, as such customers are more likely to simply accept the allegation of infringement without their own legal analysis and just stop purchasing the allegedly infringing products from the manufacturer. In such cases, the manufacturer could even claim damages for such an unjustified approach.
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Note added at 2 hrs (2020-06-16 18:27:53 GMT)
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Control Risks with Warning Letters to Infringer's Distributors ...www.lexology.com › library › detail
29 Jun 2016 - Issuing Warning Letters to infringers has been a boilerplate means of ... little legal risk if a warning letter is sent to the primary infringer (a manufacturer of ... to the primary infringer's business partners or downstream customers, ...
Intellectual Property Rights as Obstacles to Legitimate Trade?books.google.co.uk › books
have been sent to customers or distributors of the primary infringer where: 1) the letter has been sent widely to the customers of the primary infringer, ... by a court when no such decision on infringement has in fact been issued,41 or 3) where ...
Christopher Heath, Anselm Kamperman Sanders, Anke Moerland - 2018 - Law
For example, under German law, an unjustified warning letter could be considered an act of unfair competition. ****A warning letter can be unjustified if the patent is invalid or if the warning letter is misleading or incomplete (e.g. because it does not disclose a negative validity decision). If the letter is sent to the customer of a primary infringer (German: Abnehmerverwarnung)****, the requirements for a complete and truthful approach are even higher, as such customers are more likely to simply accept the allegation of infringement without their own legal analysis and just stop purchasing the allegedly infringing products from the manufacturer. In such cases, the manufacturer could even claim damages for such an unjustified approach.
--------------------------------------------------
Note added at 2 hrs (2020-06-16 18:27:53 GMT)
--------------------------------------------------
Control Risks with Warning Letters to Infringer's Distributors ...www.lexology.com › library › detail
29 Jun 2016 - Issuing Warning Letters to infringers has been a boilerplate means of ... little legal risk if a warning letter is sent to the primary infringer (a manufacturer of ... to the primary infringer's business partners or downstream customers, ...
Intellectual Property Rights as Obstacles to Legitimate Trade?books.google.co.uk › books
have been sent to customers or distributors of the primary infringer where: 1) the letter has been sent widely to the customers of the primary infringer, ... by a court when no such decision on infringement has in fact been issued,41 or 3) where ...
Christopher Heath, Anselm Kamperman Sanders, Anke Moerland - 2018 - Law
Peer comments on this reference comment:
| agree |
Adrian MM.
43 mins
|
| agree |
AllegroTrans
: Useful, but we need more context from the asker imo
1 hr
|
Discussion
Most likely, the long-winded academic citations will not be required.
Which entry best fits that bill...?
infringement warning
letter before action alleging secondary infringement
warning letter to infringer's customer
a cease-and-desist notice to a third-party outlet
And there's also no 'added value' in a (pidgin) English reference from:
Knowledge Center for Chinese Intellectual Property