Glossary entry

English term or phrase:

peaceable use

English answer:

uncontentious, challenge-free use

Added to glossary by ErichEko ⟹⭐
Sep 12, 2016 22:58
7 yrs ago
1 viewer *
English term

make peaceable use

English Law/Patents Law: Contract(s) Trademark
Party B shall make peaceable use of Party A's Trademarks ...

What is peaceable use of a trademark? Not inciting violence, not humiliating trademarks of others, or ...?

Discussion

ErichEko ⟹⭐ (asker) Sep 13, 2016:
Advice taken, thanks. I was just pushing the limits of *unpeaceable* so anyone answering could correct me.
AllegroTrans Sep 13, 2016:
Asker... be careful - violence and humiliation are not terms used in intellectual property law....
You need to understand the correct termininolgy if you are translating text of this kind
ErichEko ⟹⭐ (asker) Sep 12, 2016:
Could be from German text Party A is a German company, so the text could be derived from their standard contract template in German.

Responses

+8
24 mins
Selected

uncontentious use, use free from challenge

I think the meaning of "peaceable" here is the same as in "peaceable possession" of real estate (by a tenant), meaning "acquiesced in by all other persons, including rival claimants, and not disturbed by any forcible attempt at ouster nor by adverse suits to recover the possession or the estate" (Black's Law Dictionary).
http://thelawdictionary.org/peaceable/

So it means that Party B's use of Party A's trademarks will not be challenged or impeded.

The following is on use of a right of way:

"It is not so straightforward, in this case, to ascertain whether use was peaceable or, by contrast, contentious. [...]
Use which continues when people have been challenged verbally or by notices is not peaceable use."
https://www.gov.uk/government/uploads/system/uploads/attachm...
Peer comment(s):

agree JohnMcDove
4 mins
Gracias, John :-) En español, "pacífico" tiene este mismo sentido ("Que no tiene o no halla oposición, contradicción o alteración en su estado").
agree Piyush Ojha : Makes sense.
51 mins
Thanks, Piyush :)
agree Andy Watkinson : As the trademark is now possessed by Party B (new possession) it'd also be "quiet possession", although I'm not sure how useful this would be to the asker.
2 hrs
Not too much shouting, you mean? :)
agree Yasutomo Kanazawa
5 hrs
Thanks, Yasutomo-san :)
agree acetran
9 hrs
Thanks, acetran :)
agree Veronika McLaren
18 hrs
Thanks, Veronika :)
agree AllegroTrans : As a general explanation this is OK
1 day 12 hrs
Thanks, AT. Feel free to refine it if you like.
agree Batuhan Yazar
2 days 10 hrs
Thanks, Yazar :)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks!"
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search