Denn die meisten Verbraucher werden laut Gericht den "Lindt Teddy" naheliegenderweise und ungezwungen als "Goldbären" bezeichnen - und eben nicht als Teddy", "goldene Bärenfigur", "goldfoliierten Bär" oder als "goldfarbenen Schokoladenteddybär".
Haribo konnte auf die Umfrage eines unabhängigen Meinungsforschungsinstituts verweisen: 95 Prozent der Verbraucher würden die traditionsreiche Wort-Bildmarke "Goldbär" kennen.
The Local (English):
But the judges said that shoppers were likely to refer to the Lindt product as a "Gold Bear" because of its appearance and thus dilute the Haribo brand.
"Most consumers would not use descriptions such as 'golden bear figure', 'gold foil-wrapped bear' or 'gold-coloured chocolate teddy bear'... but rather the closest description, particularly considering how well-known the other brand is: Gold Bear," it said in a statement.
The decision isn't final - Lindt will be appealing. It was commented that this particular point of law - whether a word mark can be diluted by the appearance of another mark - has not been decided by the highest courts (höchstrichterlich), or that there has not been a fundamental decision (Grundsatzentscheidung).
Die Welt:
Eine höchstrichterliche Rechtssprechung gebe es zu einer solchen Kollision nämlich noch nicht, erklärte das Kölner Landgericht.
The Local:
"What is special about the case is that there has been no high court ruling on the issue of a collision between a brand name and a three-dimensional product design," it said.
That is very American. It's common in the USA to refer to the Supreme Court as the 'high court'.
I'm not sure if the highest court here would be the Bundesgerichtshof or the Bundespatentgericht. At all events, to call such a decision a 'landmark decision' would not be correct. What is meant is a binding decision - not that Germany has an official system of precedent, but in practice it seems like that. A landmark decision is one that makes the news in a big way.
LATER NOTE: Guardian article - with mug shots of the two bears.
Those pesky Swiss thought they could grab some of that "land" (or mind-share) for themselves but they never really had a chance.
"Bereinigungsgesetz"
This is a major topic on the web at the since long and I don't know how to translate it for my friends around the globe.
Your answer would be very much appreciated.
Thanks in advance
Christina
2. What ist the context of "Bereinigungsgesetze"? what does it mean? Is it German/Austrian/Swiss? Why is it "a major topic on the Web"? Where do you want to put your translation for your friends around the globe?#
It seems to have more than one meaning so you need to give more explanation of the source.
These are laws for the FRG and they are generally called "Bereinigungsgesetze" in short.
Erstes Gesetz
über die Bereinigung von Bundesrecht
im Zuständigkeitsbereich des Bundesministeriums der Justiz
Vom 19. April 2006
Zweites Gesetz
über die Bereinigung von Bundesrecht
im Zuständigkeitsbereich des Bundesministeriums der Justiz
Vom 23. November 2007
Here an example http://dejure.org/gesetze/EGGVG/1.html
More detailed information
http://www.youtube.com/watch?v=H3V7I0wq-Hs
http://www.youtube.com/watch?v=3p96NsrkHKA
To discuss the situation with my friends in private mails and on youtube I would
be very pleased to learn the English short term for "Bereinigungsgesetz" in this context.
Thanks and best wishes
Christina
"settlement" for "Bereinigung"?
In my understanding important laws were simply cancelled, completely deleted, thus creating this absurd (illegal?) current situation.
Best wishes
Christina
'Settlement' doesn't work, apart from the fact that it means a trust.
In the UK/England and Wales there a number of statutes called Statute Law (Repeals) Act which remove outdated legislaion. So you could call it a 'statute repeals act/statute' or 'legislation repeals statute' (to avoid the repetition) or a 'legislation revision statute' - these statutes do seem to consist mainly of Aufhebung.
'legislation repeals statute'
'legislation revision statute'
Thanks, MM, this will help and in the end I might have to explain the consequences of these "Bereinigungsgesetze", nonetheless in greater detail to my friends.
It's literally ludicrous, absolutely crazy what's going on here since decades and thus beyond imagination if you are all there and hear of the facts for the first time, at least according to my perception. The above videos helped me understand the conception of the causal relations and of course I did some research on the background story as well.
Thank you very much for your fast answer and the professional help
all the best
Christina
BEREINIGUNGSGESETZE
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What is going on here?
Please send a message that is logical and perceivable for humans.
Thanks
Christina
Former Attorney General Ed Meese http://www.heritage.org/research/testimony/2011/12/principles-for-revising-the-criminal-code talks about revising criminal laws in a U.S. context. Having skimmed the text of that talk, I lean toward "Consolidation Law" or "Consolidation Statute" as a suitable translation for "Bereinigungsgesetz" on the basis that "consolidation" is enough of an umbrella term to comprise both "collection in one place" and "(partial) repeal". You have to explain the Bereinigungsgesetz anyway, just as you would have to explain it for German readers.
Why not "Consolidation Act"? Maybe I'm being idiosyncratic but I feel that while there are Acts of Parliament and Acts of Congress, a "Gesetz" should be a "Law" or "Statute" in English translation. Looking at this semi-offical list of translations, however -- http://www.gesetze-im-internet.de/Teilliste_translations.html -- I see that in only a single instance did they use "Gesetz" (Youth Courts Law for Jugendgerichtsgesetz), all the rest are Acts or Statutes. So maybe I should rethink my opposition to "Act" as a translation of "Gesetz".
Having also read the Talk page of the Wiki article https://de.wikipedia.org/wiki/Diskussion:Gesetz_zur_Bereinigung_des_Besatzungsrechts, in particular the comment from Wiki editor "Benatrevqre", I am satisfied that this particular law has turned into a magnet for conspiracy theorists, so the less said about that the better.
A Consolidation Act is something different: it collects all the law in one area and virtually codifies it, whereas a Bereinigungsgesetz "cleans up" the law in more than one area. The Statute Law (Repeals) Acts are the closest I can think of.
I use Act for Gesetz, statute too but not as part of the name, only as a generic term. Law I use as a superordinate term for Acts and delegated legislation. I think the argument for Gesetz = law, as far as I remember, is that the legislative process is quite different in Germany, but I don't myself think it's different in a significant way.
I would deal with this in a new entry, but the conspiracy-theorist problem puts me off. Just Googling the term Bereinigungsgesetz leads straight to it.
"conspiracy-theorist problem"
I started to get interested in the definition and legal consequences of the "Bereinigungsgesetze" when a friend send me the link to the website of the Police Union in Saxony, where Volker Schöne, member of the board, had posted an open letter which was made unavailable shortly after, but the transcript and screenshots can still be found all over the web
http://deinerechte.files.wordpress.com/2011/10/vorstand_polizeigewerkschaft-handlungsgrundlage_fehlt1.pdf
And finally, how does a nonconformist thought or a string of thoughts, in this case even backed by hard legal facts, transmute into a "conspiracy theory" and where does this happen exactly?
Whenever I hear or read this term Orwell's Ministry of Truth and Newspeak come to my mind first, Galileo Galilei's fate second and then I recall the wise words of Gandhi:
"First they ignore you,
then they ridicule you,
then they fight you,
then you win."
I definitely think this topic deserves more than just a short glimpse.
Thanks again and best wishes,
Christina