Prohibition on the use of the French and Italian names of the ASTAG Swiss Commercial Vehicle Association

Facts

The association ASTAG, founded on January 20, 1979 under the name "ASTAG, Schweizerischer Nutzfahrzeugverband, Association suisse des transports routiers, Associazione svizzera dei trasportatori stradali", filed a lawsuit with the Court of Appeal of the Canton of Bern against the association VCS Verkehrsclub der Schweiz, founded on May 15, 1979. ASTAG claimed that VCS infringed on its right to the name by using the French and Italian name components "Association Suisse des Transports" and "Associazione Svizzera del Traffico" as well as the corresponding abbreviation "AST".

The Court of Appeal partially upheld the claim and prohibited VCS from using the French and Italian name components as well as the abbreviation "AST". VCS then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court confirmed the judgment of the Court of Appeal. It stated that the use of the French and Italian name components as well as the abbreviation "AST" by VCS unlawfully infringed on ASTAG's right to its name. Actual confusion had been proven, and the risk of further confusion was also given.

The Federal Supreme Court rejected VCS's objection that its name had temporal priority, as it had been chosen before the founding of ASTAG. A pre-association has no legal personality of its own, and the name must have been perceptible to…