Facts
The company Helena Rubinstein SA, a manufacturer and distributor of cosmetic products, brought an action against the company Rubinia AG, pursuing the same commercial purpose, for trademark infringement and unfair competition due to the use of the designation "Rubinia". The Cantonal Court of Lucerne partially granted the claim, prohibiting the use of the "Rubinia" trademark but rejecting the request to order the removal of this designation from the company name of Rubinia AG. Helena Rubinstein SA appealed against this decision.Considerations
The SCC considers that despite the opening of the bankruptcy of Rubinia AG, the plaintiff Helena Rubinstein SA retains a legal interest in obtaining the prohibition of the use of the designation "Rubinia" in the company name of the defendant.
On the merits, the SCC considers that the designation "Rubinia AG" is not sufficiently distinct from the company name "Helena Rubinstein SA", the two companies being in economic competition. The use by Rubinia AG of a designation…