Facts
This case opposes Tütün, Tütün Mamulleri, Tuz ve Alkol Isletmetleri Genel Müdürlügü (Tekel), a Turkish public institution holding the monopoly on the sale and distribution of alcohol in Turkey, against the company Yeni Raki SA, headquartered in Fribourg and whose purpose is the importation, manufacture and marketing in Switzerland of Turkish raki.
In 1973, Tekel registered the "Yeni Raki" trademark in Switzerland. In 1990, Yeni Raki SA was incorporated and requested the registration of the "Yeni Raki" trademark. Tekel then obtained an interim injunction prohibiting Yeni Raki SA from using this name. In 1992, Tekel initiated an action to establish the unlawfulness of Yeni Raki SA's company name and the nullity of the "Yeni Raki" trademark registered by the latter.
Considerations
The Civil Court of the Cantonal Tribunal of Fribourg dismissed Tekel's claim, considering that the latter had not established the use of its trademark in Switzerland and that the "Yeni Raki" trademark belonged to the public domain.
The Federal Tribunal partially upheld Tekel's appeal. It ruled that the Cantonal Court had violated federal law by considering that Article 6bis of the Paris Convention for the Protection of Industrial Property (CUP) on the protection of well-known marks was not applicable. The Federal Tribunal therefore referred the case back to the Cantonal Court to examine whether the conditions for the application of this provision were met.
Furthermore, the Federal…