Glossary entry (derived from question below)
English term or phrase:
passing off rights
Spanish translation:
adquisición legal de una marca a través de su uso
Added to glossary by
patinba
Jan 5, 2010 14:19
14 yrs ago
25 viewers *
English term
passing off rights
English to Spanish
Law/Patents
Law: Patents, Trademarks, Copyright
It is an assignment, and the background reads: XXX and XX are the owners of common law passing off rights in relation to some of the Trade Marks acquired through use of those Trade Marks.
Esto no es nada de "fraudulento", "impostor" o similar, sino derechos del Derecho Consuetudinario.
¿Me podrían ayudar?
Esto no es nada de "fraudulento", "impostor" o similar, sino derechos del Derecho Consuetudinario.
¿Me podrían ayudar?
Proposed translations
(Spanish)
References
Passing off, a common law tort | Violeta Priego |
Change log
Jan 11, 2010 12:00: patinba Created KOG entry
Proposed translations
14 mins
Selected
adquisición legal de una marca a través de su uso
Para "common law passing off rights", que no es un delito.
4 KudoZ points awarded for this answer.
7 mins
delegando los derechos
Así lo entiendo.
8 mins
transferencia de derechos (adquiridos)
Creo que por ahí va la cosa :)
+1
42 mins
cesión de derechos (de uso)
Good luck!
Peer comment(s):
agree |
Emma Ratcliffe
: Feliz 2010!, Saludos!
1 hr
|
Gracias, Emma. Feliz 2010 para ti y toda tu familia también!. Saludos desde Caracas.
|
4 hrs
...aplicación de los derechos de protección de la propiedad intelectual...
Passing off and trademark law
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.
Passing off and the law of registered trademarks deal with overlapping factual situations, but deal with them in different ways. Passing off does not confer monopoly rights to any names, marks, get-up or other indicia. It does not recognize them as property in its own right.
Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant
http://en.wikipedia.org/wiki/Passing_off
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Note added at 4 hrs (2010-01-05 18:21:54 GMT)
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Happy 2010!
eski
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark). Passing off is a form of common law, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings.
Passing off and the law of registered trademarks deal with overlapping factual situations, but deal with them in different ways. Passing off does not confer monopoly rights to any names, marks, get-up or other indicia. It does not recognize them as property in its own right.
Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant
http://en.wikipedia.org/wiki/Passing_off
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Note added at 4 hrs (2010-01-05 18:21:54 GMT)
--------------------------------------------------
Happy 2010!
eski
Reference comments
7 mins
Reference:
Passing off, a common law tort
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill.
The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.
Reference:
Note from asker:
Ya había visto esto, pero las "torts" son de la equity law y no de Common Law, por eso no la consideré. Gracias igual. |
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