Facts
The plaintiff, Wilhelm Höhl, a cider manufacturer in Germany, filed the word mark "Blauer Bock" for wines and spirits. The defendant, Jean Busslinger, a cider manufacturer in Switzerland, filed several marks containing the term "Bock" for his cider products, including "Gold-Bock", "Silber Bock", "Weisser Bock", "Brauner Bock", "Grüner Bock", "Gelber Bock" and "Roter Bock". The plaintiff attacked these marks for nullity before the Commercial Court of the Canton of Aargau.Considerations
The SCC ruled that the defendant's marks were null and void because they risked being confused with the plaintiff's earlier "Blauer Bock" mark. Although the term "Bock" is not a generic designation for cider, the different color variants ("Gold", "Silver", "White", etc.) are likely to create a risk of confusion among consumers who might think that these products originate from the same source as the plaintiff's "Blauer Bock".
Furthermore, the plaintiff's "Blauer Bock" mark is not contrary to public morals despite the link with the same-named radio program, as this program does not constitute an indication of origin or quality of the plaintiff's products.
Fina…