Dismissal of the action for cancellation of the "VOODOO" trademark of the defendant

Facts

Stirling Group Limited, an English company, sued the French company Compagnie Cévenole Sàrl for a declaration of invalidity of the defendant's international figurative trademark "VOODOO" in Switzerland. The plaintiff is the owner of the Swiss word mark "VOODOO DOLLS". The parties are involved in disputes across Europe over the "VOODOO" and "VOODOO DOLLS" marks. The Commercial Court of the Canton of Bern dismissed the action, as it considered the defendant's use of the "VOODOO" mark in Switzerland before December 24, 2003 to be legally valid. The plaintiff appealed against this judgment.

Considerations

The Federal Supreme Court dismissed the appeal. It confirmed the jurisdiction of the Commercial Court and the plaintiff's interest in the cancellation of the mark. The Federal Supreme Court stated that the lower court had correctly affirmed the defendant's legally valid use of the "VOODOO" mark in Switzerland before December 24, 2003 in accordance with federal law. The defendant had already…