Facts
The American company Nike International Ltd. manufactures sporting goods which it distributes under the "NIKE" brand. The Spanish company Campomar S.L. is the owner of the "NIKE" and "VIGOROSO DONCEL NIKE, Perfumes" trademarks for perfumery products. Quarz AG is engaged in the distribution of perfumery products in Switzerland.
Nike International Ltd. filed a lawsuit against Quarz AG, Campomar S.L. and Nike Sport Cosmetic S.A. It demanded a prohibition on the use of the "NIKE" sign in business transactions and the invalidation of the Swiss part of the international trademarks "NIKE" and "VIGOROSO DONCEL NIKE, Perfumes" registered by Campomar S.L. for goods in class 3.
The Commercial Court partially upheld the claim and prohibited the defendants from using the "NIKE" sign for perfumery products. It also declared the Swiss part of the international "NIKE" trademark null and void.
Considerations
The protection of the famous "NIKE" trademark arises from Art. 15 of the Federal Act on the Protection of Trademarks and Indications of Source (TmPA). A trademark is considered famous if it enjoys general public esteem and its advertising power represents a significant economic value that can be used in various fields.
The Federal Supreme Court confirms that the "NIKE" trademark has achieved fame at the latest since the beginning of the 1990s. The defendants cannot rely on acquired rights within the meaning of…