Facts
The companies Nestlé SA, Nestlé Suisse SA and Société des Produits Nestlé SA (plaintiffs) have taken legal action against the company Boas-EMS Clos Nestlé SA (defendant) for the use of the name "Nestlé" in its company name and advertising for a medical-social institution (EMS) in Bercher. The defendant was established in 1997 to take over the operation of this EMS, located on a plot of land previously occupied by a Nestlé factory. The Civil Court of the Cantonal Tribunal of the Canton of Vaud granted the plaintiffs' request, prohibiting the defendant from using the name "Nestlé" in its company name and ordering it to modify it as well as its advertising. The defendant appealed against this judgment to the Federal Tribunal.Considerations
1. According to Art. 15 para. 1 TmPA, the owner of a well-known trademark may prohibit third parties from using this trademark for any products or services, provided that such use threatens the distinctive character of the trademark, exploits its reputation or is detrimental to it. 1.1 The law does not define well-known status, but the decisive criteria are that the trademark enjoys general consideration from a wide public and a positive image. It is not necessary for this positive image to be unanimous. 1.2 The "Nestlé" trademark is notorious and known to the majority of the Swiss public as a superior quality brand enjoying great prestige.…