Federal Supreme Court: forum delicti requires specific proof of actual or imminent harmful act in relevant territory

Switzerland

The Federal Supreme Court has ruled that, for a court to have jurisdiction based on forum delicti, a harmful act must have actually taken place, or be imminent, in the territory of that court. As the claimant was unable to provide sufficient proof of an infringement within the relevant territory, its claim of trademark infringement and unfair competition was dismissed due to a lack of jurisdiction.

Unlock unlimited access to all WTR content