Facts
Aussenhandel AG, founded in 1950 and headquartered in Zurich, is engaged in the import, export and trade of goods. Aussenhandels-Finanz AG, founded in 1971 and also headquartered in Zurich, is engaged in financing transactions, particularly in the field of foreign trade. Aussenhandel AG sued Aussenhandels-Finanz AG, as it was of the opinion that the use of the company name "Aussenhandels-Finanz AG" by the defendant constituted an unlawful infringement of its company name and unfair competition. The Commercial Court of the Canton of Zurich partially upheld the claim and prohibited the defendant, under threat of penalty, from further using the company name "Aussenhandels-Finanz AG". The defendant then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that the company name of a public limited company must clearly differ from any company already registered in Switzerland, otherwise the owner of the older company can sue for the discontinuation of the use of the newer company name. Strict requirements must be placed on the distinguishability, as public limited companies can freely choose their company name. The decisive factor for the risk of confusion is not only the view of the general public, but also the usual attention in the circles with which the companies to be compared are in business relationships. In addition to business customers, third parties such as job seekers, authorities and public services must also be taken into account.
The Federal Supreme Court concludes that the addition "-Finanz" in the defendant's company name does not…