Abnehmerverwarnung

English translation: warning of a consignee

16:09 Jun 16, 2020
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Abnehmerverwarnung
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!
Kelly Martin
United States
Local time: 12:17
English translation:warning of a consignee
Explanation:
" 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...
Selected response from:

Chris Pr
United Kingdom
Local time: 16:17
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4warning of a consignee
Chris Pr
4letter before action alleging secondary infringement
Lancashireman
3 +1warning letter to infringer's customer
Michael Martin, MA
Summary of reference entries provided
possibly useful
liz askew

Discussion entries: 5





  

Answers


11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
warning of a consignee


Explanation:
" 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...

--------------------------------------------------
Note added at 20 mins (2020-06-16 16:29:50 GMT)
--------------------------------------------------

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

--------------------------------------------------
Note added at 27 mins (2020-06-16 16:37:28 GMT)
--------------------------------------------------

""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...

Chris Pr
United Kingdom
Local time: 16:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
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
  -> Would extra context meaningly alter "infringement warning' at all...
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
letter before action alleging secondary infringement


Explanation:
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.



Lancashireman
United Kingdom
Local time: 16:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 328

Peer comments on this answer (and responses from the answerer)
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
  -> Please clarify your original comment, since deleted: "Screenshot also captured for ProZ support team to investigate further signs of 'teamplay' on these pages."
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
warning letter to infringer's customer


Explanation:
.."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...

Michael Martin, MA
United States
Local time: 12:17
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 364

Peer comments on this answer (and responses from the answerer)
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
  -> Hilarious. Anybody can compile sources. It's the wording that counts. I get paid for translating terms, not for researching them.

neutral  AllegroTrans: I cannot see an "infringer's customer" here; we surely need more context
2 hrs
  -> 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..

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
  -> Thanks, Adrian!

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
  -> Thanks, Daniel. Without space considerations, this would be the better wording!
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Reference comments


2 hrs peer agreement (net): +2
Reference: possibly useful

Reference information:
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

liz askew
United Kingdom
Native speaker of: Native in EnglishEnglish

Peer comments on this reference comment (and responses from the reference poster)
agree  Adrian MM.
43 mins
agree  AllegroTrans: Useful, but we need more context from the asker imo
1 hr
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