Glossary entry (derived from question below)
English term or phrase:
colorably different
Spanish translation:
demostrablemente distinto
Added to glossary by
Mariana Serio
Oct 27, 2016 17:43
7 yrs ago
11 viewers *
English term
Argentina
colorably different
English to Spanish
Law/Patents
Law: Patents, Trademarks, Copyright
Trial on patent case
In the alternative, XXX requests an ongoing royalty of $1.06 per phone applied to all phones not "colorably different" from the accused phones.
Proposed translations
(Spanish)
| 3 +1 | demostrablemente distinto |
Jennifer Levey
|
| 4 | diferentes apariencias/presentaciones |
Juan Arturo Blackmore Zerón
|
| 4 | semejante en grado de confusión / diferencia superficial |
Robert Carter
|
Proposed translations
+1
1 hr
Jennifer Levey
Chile
Chile
Native in English
Chile
Human-scale Globalization
Native in: English (Variant: British) 
Works in: Spanish to English, French to English, English to Spanish, and 2 more.
Related KudoZ points
:
11
Selected
demostrablemente distinto
As Mariana's own webref shows, "colo(u)rable" has many meanings in law, some of them overtly contradictory.
I don't think "razonablemente" is quite strong enough here. For a difference to be "colorable" it would have to be "demonstrable" before any judge or arbitrator called upon to resolve a claim, hence my suggested translation: demonstrablemente distinto
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Note added at 1 hr (2016-10-27 18:55:36 GMT)
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Ups! - my British fingers have taken control: demostrablemente distinto, without the 'n'
I don't think "razonablemente" is quite strong enough here. For a difference to be "colorable" it would have to be "demonstrable" before any judge or arbitrator called upon to resolve a claim, hence my suggested translation: demonstrablemente distinto
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Note added at 1 hr (2016-10-27 18:55:36 GMT)
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Ups! - my British fingers have taken control: demostrablemente distinto, without the 'n'
Peer comment(s):
| agree |
Robert Carter
: You could use this as a translation because it clearly is what the sentence means, but it is in fact quite the opposite of "colorable difference", so not a direct translation.
5 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Thank you!"
31 mins
Juan Arturo Blackmore Zerón
Mexico
Mexico
Native in Spanish
Mexico
Confianza, certeza, creatividad.
Native in: Spanish (Variant: Mexican)
Works in: English to Spanish, Italian to Spanish, French to Spanish, and 6 more.
Related KudoZ points
:
15
diferentes apariencias/presentaciones
De diferentes dibujos/diseños/coloridos.
6 hrs
Robert Carter
Mexico
Mexico
Native in English
Works in field
Mexico
Translating full-time since 1998
Native in: English (Variant: British) 
Works in: Spanish to English
semejante en grado de confusión / diferencia superficial
As I've explained in the discussion, "colorably different" means "similar to the point of confusion" or "insignificantly different".
However, the writer has drafted the sentence so poorly that they have actually said the opposite of what they meant, which is that "X requests an ongoing royalty of $1.06 per phone applied to all phones that are no more than colorably different from the accused phone".
In other words, X wants royalties charged on all phones that have been manufactured with only insignificant differences from X's phones, or which basically were made to look like them with a couple of minor changes that would probably confuse the public into thinking they were actually X's phones.
Colorable alteration refers to a small modification or a change made to an invention. However, such alteration is made only to distinguish an invention or work from an existing patent or copyright.
http://definitions.uslegal.com/c/colorable-alteration-intell...
(The word can also carry a special meaning in trademark law — when used in the phrase "colorable imitation", it refers to an object and means "so similar to [something trademarked] that people might be confused about which is which".
https://www.quora.com/What-does-the-word-colorable-mean-when...
However, the writer has drafted the sentence so poorly that they have actually said the opposite of what they meant, which is that "X requests an ongoing royalty of $1.06 per phone applied to all phones that are no more than colorably different from the accused phone".
In other words, X wants royalties charged on all phones that have been manufactured with only insignificant differences from X's phones, or which basically were made to look like them with a couple of minor changes that would probably confuse the public into thinking they were actually X's phones.
Colorable alteration refers to a small modification or a change made to an invention. However, such alteration is made only to distinguish an invention or work from an existing patent or copyright.
http://definitions.uslegal.com/c/colorable-alteration-intell...
(The word can also carry a special meaning in trademark law — when used in the phrase "colorable imitation", it refers to an object and means "so similar to [something trademarked] that people might be confused about which is which".
https://www.quora.com/What-does-the-word-colorable-mean-when...
Discussion
Mariana, your first reference points to this specific meaning with respect to patents, which is not the same as the "colorable claim" meaning.
See the following example:
ARRIS contends that the differences between the ClientID and the SessionID are not significant and, therefore, no more than colorable.
http://patentlawcenter.pli.edu/2013/10/20/contempt-proceedin...
It's actually a very confusing term, IMO, and one the writer obviously has problems with.
https://www.quora.com/What-does-the-word-colorable-mean-when...