Facts
The company [Z.], an Italian corporation, holds the license rights to certain furniture models based on designs by Le Corbusier, Pierre Jeanneret, and Charlotte Perriand. It sued the company X., a Swiss wholesale company, for infringement of its copyrights and for unfair competition. The company X. had offered and distributed imitations of these furniture models. The Court of Appeal of the Canton of Bern had partially upheld the claim and granted the company [Z.] the protection of its copyrights on six of the seven disputed furniture models. Both parties appealed against this judgment.Considerations
I. On the Plaintiff's Standing: - The Defendant disputed the Plaintiff's standing, as only usage rights, but no right to sue, had been transferred to the Plaintiff by the licensor. - However, the Federal Supreme Court found that the license agreement had transferred the necessary powers to the Plaintiff to defend itself against third-party imitations of its furniture. The Plaintiff, as the licensee, could therefore rely on its own right to sue. II. On the Copyright Protection of the Furniture Models: - The Federal Supreme Court confirmed that the furniture models LC 2, LC 3, and LC 4 are protected by copyright as works of applied art. They represent a novel development in the architecture and furniture design of the 1920s and have an individual, original character. - However, the Federal Supreme Court denied copyright protection for the model LC 1 (chair), as it showed similarities to previous models and lacked the required individuality. III. On Unfair Competition: - The…