Facts
Bata Shoe AG, Möhlin, deposited several boot models made of plastic material, including the models "Panda", "Lynx" and "Sheriff", with the International Office for Industrial Property in 1975/76. The defendant, Minerva Shoe Factory AG, Porrentruy, brought practically identical models onto the Swiss market, whereupon Bata Shoe AG filed a lawsuit for infringement of its design rights and unfair competition.
The Commercial Court of the Canton of Bern largely dismissed the lawsuit and found that the defendant acknowledged the claim with regard to the alleged infringement of the "Sheriff" trademark. Bata Shoe AG appealed against this judgment, which was joined by Minerva Shoe Factory AG.
Considerations
The Federal Supreme Court upheld the judgment of the Commercial Court. It concluded that the design registrations of Bata Shoe AG are valid and that its boot models "Panda", "Lynx" and "Sheriff" were not infringed by the imitations…