Nullification of the trademarks "PUMA WORLD CUP QATAR 2022" and "PUMA WORLD CUP 2022" as well as the trademarks "QATAR 2022" (fig.) and "WORLD CUP 2022" (fig.)

Facts

The Fédération Internationale de Football Association (FIFA) is a Swiss association that organizes the Football World Cup. PUMA SE is a German sportswear company that registered the trademarks "PUMA WORLD CUP QATAR 2022" and "PUMA WORLD CUP 2022" in Switzerland. FIFA is the owner of the trademarks "QATAR 2022" (fig.) and "WORLD CUP 2022" (fig.).

FIFA filed a lawsuit against PUMA, requesting the nullification of the two PUMA trademarks. PUMA filed a counterclaim, requesting the nullification of the two FIFA trademarks.

The Commercial Court of Zurich dismissed both the claim and the counterclaim. Both parties appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court partially upheld FIFA's appeal and fully upheld PUMA's appeal. It declared the PUMA trademarks "PUMA WORLD CUP QATAR 2022" and "PUMA WORLD CUP 2022" null and void under Art. 2 lit. c TmPA, as they constitute misleading signs. The relevant circles would expect, based on these trademarks, that PUMA is the title sponsor of the 2022 Football World Cup in Qatar, which is not the case.

Furthermore, the Federal Supreme Court declared the FIFA trademarks…