Facts
[A. GmbH] imported various goods such as knife sets, cutlery sets, pan sets, and tool trolleys into Switzerland. Upon importation, these goods were seized due to suspicion of counterfeiting, unfair competition, and unauthorized use of public symbols and indications of origin. The Public Prosecutor's Office of the Canton of Basel-Landschaft discontinued the criminal proceedings against [A. GmbH] but ordered the confiscation and destruction of the seized goods. [A. GmbH] filed a complaint against this order.Considerations
1. The Federal Supreme Court confirmed the confiscation and destruction of the goods. Even though no subjective elements of a criminal offense were fulfilled, confiscation under Art. 69 of the Swiss Criminal Code can take place if the possession of the goods is unlawful and special criminal law provisions provide for confiscation regardless of the subjective elements. This is the case here: - The packaging of the cutlery sets and pan sets featured images and symbols that misleadingly resembled the brand of a well-known quality manufacturer and used the Swiss coat of arms, which violates Art. 64 of the Trademark Protection Act and Art. 28 of the Coat of Arms Protection Act. - The use of terms such as "Damascus", "Seki", "Santoku", "Nakiri", and Japanese script on the knife sets also constituted at least an indirect unlawful indication of origin under Art. 47 and 64 of the Trademark Protection Act. - Similarly, the use of the designation "Germany" in combination with the…