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Namensleugnung
Kochkellen
Apr 16, 2020 21:41
4 yrs ago
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German term

Namensanmaßung

German to English Law/Patents Law: Patents, Trademarks, Copyright Trademark infringement
This term is used in the following sentence:

Geschützt sind die Namensleugnung (Namensbeugung) und die Namensanmaßung.


The broader context is the following:

An attorney specialized in insurance law is giving another attorney an official report on whether an argument can be made for or against an exclusion found in an insurance policy. The case involves trademark infringement. Apparently the accused party is gathering as much information as possible from their legal representative whether or not their insurance policy might cover them for this situation.

This legal issue derives from Section 12 BGB.

I do not understand the logic of the sentence I am trying to translate. How is it that the act of Namensanmaßung would be protected? Isn't it the case that this is the type of act that would not be protected?

I cannot find a reliable translation in any of my specialist dictionaries.

Any thoughtful help would be appreciated.
Proposed translations (English)
3 passing-off (AmE) misappropriation of name; palming off
3 +1 arrogation of a name
4 pretension of name
4 appropriation of a name

Discussion

Timothy Wood (asker) Apr 21, 2020:
Just for the record I have accepted Adrian's hint as the best assistance, though, in fact, I ultimately went with misappropriation. I've learned that misappropriation can also be called appropriation. Cf. https://www.mtsu.edu/first-amendment/article/891/appropriati... among others.
Timothy Wood (asker) Apr 17, 2020:
Source sentence rendered in English Here is the translation that I am coming to:

Denial of the right to bear a name (random distortion of name) and misappropriation are protected by the insurance.
Timothy Wood (asker) Apr 17, 2020:
Hi Johanna, Yes, it is insurance coverage and it is the exclusion clause that is being debated in the source document. I think you are right on to assume that this is insurance coverage for trademark infringements.
Johanna Timm, PhD Apr 17, 2020:
geschützt I am wondering if „geschützt“, in your sentence, might refer to “Versicherungsschutz“, i.e. insurance coverage for trademark infringements ?
https://www.inta.org/TMR/Pages/vol107_no5_a4_gauntlett.aspx

Proposed translations

1 hr
Selected

passing-off (AmE) misappropriation of name; palming off

No need for the 'name' element, except if 'misappropriation' is used.

I have a hunch this is not Germany, but another German-speaking country.



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Note added at 2 hrs (2020-04-16 23:41:45 GMT)
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The Namensleugnung (Namensbeugung) question has been removed as a double-up but could be different from passing-off or (AmE) misappropriation, namely as an 'interference with /name and/ reputation' (discrediting of reputation).

Denial of (the landlord's) title is a whole different ball(-)game.

a) § 12 BGB regelt die Rechte, insbesondere den Beseitigungsanspruch und den Unterlassungsanspruch, eines Namensträgers in den Fällen der Namensleugnung und der Namensanmaßung durch Dritte de.wikipedia.org/wiki/Kennzeichenrecht

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Note added at 10 heures (2020-04-17 08:02:46 GMT)
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OK to two sep. questions now re-instated. BTW, the ENG 'tort of passing-off' was the first thing that had occurred to me for this term, though Michael M's answer is a more accurate label.

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Note added at 18 heures (2020-04-17 16:20:11 GMT)
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Hi Timothy. Without wishing to contradict my own US lawlink I, with a Patent / IP Attorney relative in New York, believe or guess that - for US Am. consumption - adding to misappropriation the following of (approx. 'the tort of passing-off') would do no harm and be widely understood by fully US-Am.-qualified Attorneys-at-Law and some of whom (not 'who', to ProZ hairsplitters and -splutters) grace, or have in the past graced, this DEU>ENG lingo combination.
Example sentence:

The term more commonly used in America is not 'passing off', but 'misappropriation'.

Reference:

http://www.ipiustitia.com/2013/12/retrospective-passing-off-in-united.html

Note from asker:
Hi Adrian, Yes, I noticed that one of my questions was removed. My understanding of the kudoz rules is that I have to ask two separate questions for two separate terms.
Yes, I do like the evidence he's provided for his choice. However, I do have to say that "misappropriation", though not quite my initial instinct, corresponds almost perfectly to the meaning of this technical term. I normally think of "misappropriation of funds", but it can almost mean "the unauthorized use of another's name, likeness, or identity without that person's permission, resulting in harm to that person" according to Wikipedia IP. Interesting. Getting closer.
See link: https://www.mtsu.edu/first-amendment/article/891/appropriation
Peer comment(s):
neutral Chris Pr : Mind if I screenshot this one for posterity...? "hairsplitters" :-))
18 hrs
Let's rather have your expert opinion on the law of passing-off in UK vs. US or Can. intellectual property law.
Something went wrong...
4 KudoZ points awarded for this answer.
+1
5 hrs

arrogation of a name

"At the same time, the registration bears also the threat of arrogation of the name (”Namensanmaßung”) which also justifies a (preventative) action for injunctive relief." https://books.google.com/books?id=GFekAgAAQBAJ&pg=RA4-PA6&lp...

http://www.jura-basic.de/aufruf.php?file=1&art=6&find=t_1084...

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Note added at 15 hrs (2020-04-17 13:36:48 GMT)
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"Not only the use of the domain name, but the registration of a domain name with the competent authority already constitutes an arrogation of a name within the meaning of s 12 of the Civil Code (See above 10-065, BGH decision of Nov 22, 2001.." https://books.google.com/books?id=TAHtXWpA9soC&pg=SA10-PA33&...
Note from asker:
Hi Michael, These are great links. It seems like the first link is actually for "Namensleugnung" and the second and third link are for "Namensanmaßung". The translation of "arrogation of a name" definitely is attested there.
Peer comment(s):
agree A. & S. Witte
2 days 8 hrs
Something went wrong...
7 hrs

pretension of name

"...als Internetdomain eine unberechtigte Namensanmaßung nach § 12 BGB darstellt..."

"...as an Internet domain constitutes an unauthorized pretension of a name according to § 12 BGB (German Civil Code)..."

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Note added at 19 hrs (2020-04-17 17:17:58 GMT)
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Only a cached version still remains, since it seems the original domain no longer exists.
Here the link and screenshot instead:
https://www.linguee.com/english-german/search?source=auto&qu...

Note from asker:
Can you send include a link that attests to this translation?
Something went wrong...
3 days 11 hrs

appropriation of a name

they are protected from when a case when the person is using a name that is not really theirs.
Reference:

https://www.linguee.com/english-german/search?source=auto&query=Namensanma%C3%9Fung

Note from asker:
Hello Cillie, Thanks for your answer. Due to the timing of your response, though essentially a correct one, I need to give credit to Adrian for pointing me in the right direction. I've gone with appropriation / misappropriation and I will be entering this in the Kudoz dictionary. Thank you!
Something went wrong...
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