Facts
The plaintiff, the travel company Club Méditerranée (Bureau Suisse) SA in Geneva, considers its right to personality and name to be violated by a caricature in the weekly edition "TA 7" of the Tages-Anzeiger for the city and canton of Zurich dated July 8, 1967. The caricature depicts various political events and conditions in a satirical form as vacation activities under the heading "CLUB MEDITYRANNIS". The advertising text framing the heading creates the impression that the plaintiff is an eager promoter of trips to the depicted tyrannically governed countries and is making efforts to provide these regimes with foreign exchange.
Considerations
The Federal Court finds that the plaintiff, as a legal entity, generally enjoys the general protection of personality under Art. 28 ZGB. However, the disputed advertising text violates the plaintiff's right to personality by portraying it in a one-sided and unnecessarily injurious manner as a propagandist for trips to tyrannically governed countries. Such a portrayal exceeds the extent that can…