Facts
The Italian joint-stock company X. S.p.A. (appellant) holds a worldwide and exclusive license for the furniture of designer Le Corbusier. It sued the Italian single-member limited liability company Y. s.r.l. and its shareholder A. (respondents), as they allegedly imported, offered, and sold replicas of these furniture pieces in Switzerland.
The High Court of the Canton of Zurich prohibited the respondents from offering and selling online replicas of the Le Corbusier furniture LC 2, LC 3, LC 4, LC 6, and LC 7 in Switzerland. However, it dismissed the request for an injunction regarding the chair LC 1 (so-called Basculante) and did not see any copyright infringement in the respondents' sales to Swiss customers, as they had already become the owners of the furniture before the transport.
Considerations
The Federal Supreme Court confirmed the decision of the High Court. It stated that the chair LC 1 is not protected by copyright due to a lack of individuality. There was also no violation of unfair competition law through the respondents' advertising for the chair LC 1, as they did not make misleading references to the name or furniture series of Le Corbusier.
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