Dismissal of the appeal against the judgment of the Commercial Court of the Canton of Bern regarding the trademark delimitation agreement

Facts

In 2008, Swatch AG (the appellant) and X. SA (the respondent) concluded a trademark delimitation agreement for the "Ice-Watch" brand. The appellant terminated the agreement without notice in 2009, whereupon the respondent filed a lawsuit. The Commercial Court of the Canton of Bern found that the termination was invalid and that the delimitation agreement was valid and legally binding. It prohibited the appellant from filing oppositions against the respondent's trademark registrations for the "Ice-Watch" word/figurative mark and ordered the appellant to withdraw any oppositions already filed.

Considerations

The Federal Supreme Court partially dismissed the appeal by Swatch AG. It found that the orders of the Commercial Court did not constitute inadmissible anti-suit injunctions, but the enforcement of contractual obligations to refrain, for which the Commercial Court was competent. A…