Federal Supreme Court: forum delicti requires specific proof of actual or imminent harmful act in relevant territory
In a recent decision (4A_360/2016, January 21 2017), the Swiss Federal Supreme Court has ruled that, for a court to have jurisdiction based on forum delicti (ie, forum of the place of the wrongdoing) in Switzerland, a harmful act must have actually taken place, or be imminent, in the territory of that court. Therefore, the claim for trademark infringement and unfair competition was dismissed due to a lack of jurisdiction, as the claimant was not able to provide sufficient proof of an infringement in the territory of the relevant court.
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