Language translation issues often come up in the context of foreign language words in trademarks. In a case involving vodka, the TTAB clarified its definition of the Doctrine of Equivalents by refusing to register the mark Moskovskaya. The central issue was the definition of "the ordinary American purchaser" in reference to the applied for mark.
Translation issues often come up in the context of FTC hearings. As the Fair Trade Commission (FTC) handles many cases involving foreign language elements, it has developed specific rules to govern its hearing. All cases involving "foreign elements" - or matters where the complainant, respondent, investigated party, applicant or party requesting official interpretation of the law is a foreign enterprise - are governed by these guidelines.
The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language electronic discovery is one that may never be decided. However, one issue that is rarely thrown into the mix is how these two approaches handle translation of mixed language documents, i.e. documents written in more than one foreign language.
Depending on the quality of the original, source text, foreign language translations may sometimes be perceived as ambiguous. According to the Law of Contracts, one method for interpreting the terms of an ambiguously written contract is to look at any terms of trade used within the document. This refers to any terminology that has a special meaning within a given trade that is the subject of the contract. However, this can become an even more complicated task when the terms of trade are in a foreign language.
We've already blogged about foreign language translations in the context of reverse mortgage loans. But when it comes to foreign language translation in the context of real estate transactions, it helps to remember that there are two basic steps in conducting a valid real estate transaction - creating a valid deed and properly filing the deed. More so, each step may be affected when a foreign language real estate deed is involved.
Irrespective of the availability of foreign language legal document translations, various issues may come up in the context of foreign language evidence. What happens if an opposing party uses a foreign language document in an unethical manner and receives a favorable judgment because of it? Can the ruling be challenged, based on the unethical use of the document? If so, what is the standard of review?
Recently the European Union issued a new, fast-track review process for approving foreign made pharmaceuticals to be sold in the European Union. Since the European Union operates under numerous languages, it is important that any application for pharmaceutical approval under the EMEA fast-track system be submitted with the proper foreign language translations. This becomes particularly important when trying to demonstrate the unmet need or improvement requirement under the Accelerated Assessment Procedure.
April 28, 2008 Document Translation Services for Patent and Trademark Attorneys, Trade Marks and the Doctrine of Foreign Equivalents Language translation issues often come up in the context of foreign language words in trademarks....
April 24, 2008 Translations for Corporate Counsel and Law Firms, FTC and Foreign Language Complaints Translation issues often come up in the context of FTC hearings. As the Fair Trade...
April 18, 2008 Translating Multilingual Language Documents for Litigation Departments and Litigation Case Managers during e-Discovery The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language...
April 16, 2008 Language Translation and Contract Interpretation: Foreign Language as Trade Use Evidence Depending on the quality of the original, source text, foreign language translations may sometimes be...
April 11, 2008 Language Translations for Patent and Trademark Lawyers, and Registering a Foreign Language Trademark When applying for a trademark that contains a foreign language term or word, certain issues...
April 9, 2008 Language Translation, and Validity of Real Estate Transactions Conducted in a Foreign Language We've already blogged about foreign language translations in the context of reverse mortgage loans. But...
