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26 September 2019

OTTO v OTTO's: Federal Supreme Court partially upholds Swiss retailer's appeal

The Swiss Federal Supreme Court has recently considered a trademark and unfair competition dispute between two companies that owned trademarks containing the element ‘OTTO’.

26 June 2019

FIFA reflects on scoring an IP enforcement win at the 2018 World Cup in Russia

Daniel Zohny, IP head at FIFA, looks back at the intense workload taken on by his team during the 2018 World Cup and looks forward to the next tournament as the worthy winner of WTR’s Sports, Entertainment and Media Team of the Year.

14 May 2019

TICK DIFFERENT: Apple loses to watchmaker Swatch before Swiss court

The Swiss Federal Administrative Court has considered an opposition filed by US tech giant Apple against Swiss watchmaker Swatch’s application for the registration of the mark TICK DIFFERENT for Class 14 goods, including jewellery and watches.

21 February 2019

Why every trademark lawyer should spend time in-house: exclusive interview with Bacardi’s Anna Panka

While legal know-how is critical for law firm practitioners, an understanding of the corporate business environment should not be underestimated. That is the message conveyed by Anna Panka, senior counsel at Bacardi, in an exclusive interview with WTR.

25 September 2018

Federal Administrative Court: no likelihood of confusion between IMPERIAL marks

The Swiss Federal Administrative Court has agreed with the Federal Institute of Intellectual Property that there was no likelihood of confusion between the marks IMPERIAL and TIERRA IMPERIAL in Class 33.

29 June 2018

Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more.

26 April 2018

In-house perspectives on diversity in the trademark industry: “All of us in this field need to do more”

The theme of today’s World IP Day is ‘Powering change: Women in innovation and creativity’. In the first of a two-part piece, corporate trademark professionals reflect on the topic of the day.

12 April 2018

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky. 

11 April 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern.

13 March 2018

Procedures and strategies for pharmaceutical brands: Switzerland

Swiss law includes no specific provisions on international non-proprietary names (INNs). INNs are considered to be generic terms if they stand alone and thus cannot be registered as trademarks.

13 March 2018

Facebook victorious on appeal: FACEBOOK and STRESSBOOK held to be similar

The Swiss Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property in which the latter had found that there was no likelihood of confusion between the marks FACEBOOK and STRESSBOOK.

24 April 2017

No protection in Switzerland for obscene trademarks

The Swiss Administrative Court recently confirmed a Federal Institute of Intellectual Property decision denying protection to an obscene trademark, as it was considered contrary to morality. The decision highlights that the morality standard in Switzerland remains high, even though the court highlighted that the understanding has been relaxed in recent years.

13 March 2017

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

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.

13 December 2016

Litigation procedures and strategies: Switzerland

Swiss trademark law is governed by the Federal Act on the Protection of Trademarks and Indications of Origin (the Trademark Protection Act, SR 232.11) and the Ordinance on the Protection of Trademarks (SR 232.111). By ‘indications of origin’, the Trademark Protection Act means geographical indications.

05 October 2016

CAMPAGNOLO and F.LLI CAMPAGNOLO not similar

The Swiss Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property which had affirmed an opposition from Campagnolo SPA based on its trademark CAMPAGNOLO (and design) against the trademark F.LLI CAMPAGNOLO, as the element CAMPAGNOLO was held to be descriptive.