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  3. Law (general)

unnötige Anlehnung

English translation: unwarranted imitation

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:unnötige Anlehnung
English translation:unwarranted imitation
Entered by: Mary Burdman

16:57 Apr 20, 2021
German to English translations [PRO]
Law/Patents - Law (general) / Trademarks
German term or phrase: unnötige Anlehnung
This is from a Swiss legal document.

The case involves a computer game program that is being disputed as a far-too-close imitation of another.
I am considering either "unnecessary affiliation" or "unnecessary reliance," but would be happy if anyone knows an
exact legal term. It is used in direct association with "exploitation of reputation."

Context: Lauterkeitswidriges Verhalten durch **unnötige Anlehnung**/Rufausbeutung


Eine Anlehnung ist nicht zwingend unzulässig. Vielmehr ist dies in gewissen Fällen sogar erwünscht, zum Beispiel im Rahmen eines zulässigen Preisvergleichs oder im Rahmen eines sachlichen Mitgebrauchs.
Mary Burdman
United States
Local time: 17:18
unnecessary imitation
Explanation:
"unnötige Anlehnung" in French: imitation inutile

https://www.faire-werbung.ch/wordpress/wp-content/uploads/20...


The Unfair Competition Act may allow proceedings against unfair behaviour, including hindering and blocking, unnecessary imitation and exploitation of reputation or creation of a risk of confusion. In addition, several municipalities (ie, Montana, Lucerne, Frick and St Moritz) have successfully challenged domain names that included their geographical names before the civil courts, based on the Unfair Competition Act and their right to a name…
https://www.worldtrademarkreview.com/brand-management/tradem...
Selected response from:

Johanna Timm, PhD
Canada
Local time: 14:18
Grading comment
I used 'unwarranted' imitation - I think it worked better in the text I was working on.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2unnecessary imitation
Johanna Timm, PhD
3 +2unwarranted similarities
Lancashireman
3AmE: unwarranted appropriation of likeness
Adrian MM.
3inappropriate mirroring
Michael Martin, MA


Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
CH : unnötige Anlehnung
AmE: unwarranted appropriation of likeness


Explanation:
Also related to the English Common Law idea of Passing-Off that doesn't mean handing-off or disposal, as some ProZ translators have mistakenly and disastrously believed - see the second weblink, but is a tort in English law often used when there is no breach of regd. coypright.

Thanks to Lancashireman for the 'unwarranted' idea....

Example sentence(s):
  • USA: There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of name or likeness ("misappropriation"); and (2) violation of the right of publicity.
  • In the modern era, the general nature of a right of privacy is the right of a person to be free from unwarranted publicity or the unwarranted appropriation or exploitation of that person's image, voice, or likeness.

    Reference: http://en.wikipedia.org/wiki/Misappropriation
    Reference: http://www.proz.com/kudoz/english-to-italian/law-contracts/6...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 119
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
inappropriate mirroring


Explanation:
My take:
Unfair conduct resulting from inappropriate/impermissible/undue mirroring of another product

Example:
"Copying or mirroring another product is copyright infringement which is an ethical and economic offense that deters creators." https://www.coursehero.com/file/39373616/COM-203-Module-5-Di...

Michael Martin, MA
United States
Local time: 17:18
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 364
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
unnecessary imitation


Explanation:
"unnötige Anlehnung" in French: imitation inutile

https://www.faire-werbung.ch/wordpress/wp-content/uploads/20...


The Unfair Competition Act may allow proceedings against unfair behaviour, including hindering and blocking, unnecessary imitation and exploitation of reputation or creation of a risk of confusion. In addition, several municipalities (ie, Montana, Lucerne, Frick and St Moritz) have successfully challenged domain names that included their geographical names before the civil courts, based on the Unfair Competition Act and their right to a name…
https://www.worldtrademarkreview.com/brand-management/tradem...


Johanna Timm, PhD
Canada
Local time: 14:18
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 717
Grading comment
I used 'unwarranted' imitation - I think it worked better in the text I was working on.

Peer comments on this answer (and responses from the answerer)
agree  Peter Lautz: Cf.Art. 3 lit. e of the Federal Law Against Unfair Competition («LAUC») of December 19, 1986,https://www.sic-online.ch/fileadmin/user_upload/Sic-Online/2...
6 hrs
  -> Thanks for the added reference, Peter!
agree  writeaway: That also how I translate Swiss texts. I also look at the German text when the French usage is unusual and I always look at the French text when the German is unclear. This seems to work particularly well for legal/official texts.
10 hrs
  -> Thanks writeaway! Yes, that's I've often this approach here in bilingual Canada, as well!
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
unwarranted similarities


Explanation:
= a far-too-close imitation

I don't think there are 'official' English translations of Swiss legal terminology.

--------------------------------------------------
Note added at 18 hrs (2021-04-21 11:23:35 GMT)
--------------------------------------------------

"Since English is not an official language of Switzerland, there are no official English versions of Swiss laws."
P22 https://www.ata-chronicle.online/wp-content/uploads/ATA-Chro...
Re 'imitation inutile', I think both the German and English translators have struggled with the concept of 'inutile' (primary meaning 'useless')
https://dictionary.cambridge.org/dictionary/french-english/i...

--------------------------------------------------
Note added at 19 hrs (2021-04-21 12:51:36 GMT)
--------------------------------------------------

Re Langenscheidt definition in Discussion Box:
If one manufacturer 'imitates' the product of another, that is by definition a breach of copyright/trademark law. Any differentiation between 'necessary imitation' (?) and 'unnecessary imitation' (??) is therefore moot.

Re 'imitation inutile':
Franglish (aka Franglais) does not always produce a version that makes sense to an EN reader.

Lancashireman
United Kingdom
Local time: 22:18
Native speaker of: Native in EnglishEnglish
PRO pts in category: 328
Notes to answerer
Asker: The text notes the difference between imitation (as in the sense of best form of flattery) and 'unwarranted imitation/appropriation.' I think 'unwarranted' is a better term than 'unnecessary' in the text I am translating.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard
24 mins
agree  Ramey Rieger (X)
16 hrs
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