Facts
The Municipal Commune of Montana, a Valais commune known for its Crans-Montana winter sports resort, brought an action for name protection against the Institut Montana Betriebs AG, an international school located in Zug, which had registered the domain name "montana.ch". The Federal Tribunal confirmed the decision of the cantonal court prohibiting the school from using this domain name, considering that there was a risk of confusion in the public's mind between the name of the commune and that of the school, thus infringing the legally protected interests of the commune.Considerations
The Federal Tribunal examined two possible approaches to the dispute. Either one considers that the school has usurped the name of the commune, in which case it must be verified whether there is a risk of confusion in the public's mind between the domain name "montana.ch" and the name of the commune. Or one accepts that the name of the school includes the term "Montana" as a distinctive element, in which case it is a situation of homonymy where several persons can claim rights over the same name.
In the first case, the Federal Tribunal considered that the registration of the domain name "montana.ch" by the school creates a risk of confusion in the public's mind, the commune of Montana being known in Switzerland for its tourist resort. The school cannot therefore use this domain name, to the detriment of the legally protected interests of the commune.
In the second case, the Federal Tribunal considered that only a legal entity whose name would have at least the same level of renown in Switzerland as that of…