Facts
Fernanda Simao has been operating a beauty institute in Geneva under the individual business name "Simao Atlantis Beauty Institute", registered in the commercial register in February 2001, since October 2000. Sabrina Lombardo has been operating a similar beauty institute in Onex under the name "Atlantis Beauty Institute" since January 2001, without being registered in the commercial register.
Fernanda Simao filed an action for cessation of disturbance and damages against Sabrina Lombardo, citing the violation of her exclusive right to use her business name under Art. 956 of the Swiss Code of Obligations (CO).
Considerations
According to case law, registration in the commercial register confers on the holder the exclusive right to use their business name (Art. 956 para. 1 CO). Anyone who suffers damage from the unauthorized use of a business name may request the court to put an end to it and, if there is fault, claim damages (Art. 956 para. 2 CO).
The risk of confusion must be judged more strictly when the companies have identical or similar activities or operate in a restricted geographical…