Facts
Company [A. SA] filed an international model for a piece of jewelry with WIPO on September 25, 1995. During the World Watch and Jewellery Fair in Basel from April 29 to May 6, 1999, company F. SA exhibited and sold a pendant of similar shape, which led [A. SA] to file a complaint for infringement of its model and design rights.Considerations
The Federal Supreme Court ruled that the model filed by [A. SA] was protectable, as the original combination of a heart with two crossed bands constituted a characteristic and distinctive form, even if certain elements taken in isolation (such as the heart shape) could be considered to be in the public domain. Despite the differences in detail between the two pieces of jewelry, the Federal Supreme Court considered that the overall impression was sufficiently similar for F. SA's jewelry to be considered a counterfeit, both under the Design Act…