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Spanish translation: demostrablemente distinto

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:colorably different
Spanish translation:demostrablemente distinto
Entered by: Mariana Serio

17:43 Oct 27, 2016
English to Spanish translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Trial on patent case
English term or phrase: colorably different
In the alternative, XXX requests an ongoing royalty of $1.06 per phone applied to all phones not "colorably different" from the accused phones.
Mariana Serio
Argentina
Local time: 00:56
demostrablemente distinto
Explanation:
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'
Selected response from:

Jennifer Levey
Chile
Local time: 23:56
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4diferentes apariencias/presentaciones
Juan Arturo Blackmore Zerón
3 +1demostrablemente distinto
Jennifer Levey
4semejante en grado de confusión / diferencia superficial
Robert Carter


Discussion entries: 4





  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
diferentes apariencias/presentaciones


Explanation:
De diferentes dibujos/diseños/coloridos.

Juan Arturo Blackmore Zerón
Mexico
Local time: 22:56
Native speaker of: Spanish
PRO pts in category: 15
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
demostrablemente distinto


Explanation:
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

--------------------------------------------------
Note added at 1 hr (2016-10-27 18:55:36 GMT)
--------------------------------------------------

Ups! - my British fingers have taken control: demostrablemente distinto, without the 'n'

Jennifer Levey
Chile
Local time: 23:56
Native speaker of: Native in EnglishEnglish
PRO pts in category: 11
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
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
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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
semejante en grado de confusión / diferencia superficial


Explanation:
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...

Robert Carter
Mexico
Local time: 21:56
Works in field
Native speaker of: Native in EnglishEnglish
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