Facts
The Verein Berner Oberland Tourismus (the Bernese Oberland Tourism Association, the plaintiff) is the umbrella organization of all local and sub-regional tourism organizations in the Bernese Oberland, bringing together all stakeholders interested in tourism in this region. On March 13, 1996, Hans Kaltbrunner registered the domain name "berneroberland.ch" for the company Kaformatik AG (the defendant), which is engaged in the mediation of information and communication technologies, in particular the organization and implementation of IT projects, planning, evaluation and procurement of hardware and software, as well as the trade of hardware and software. The plaintiff filed a lawsuit to prohibit the use of this domain name, which it considers to be an act of unfair competition.Considerations
The SCC considers that the plaintiff has standing to sue under Arts. 9 and 10 of the UCA, as it is the umbrella organization of the tourism organizations in the region and aims to promote the economic interests of its members, who participate in competition in the tourism sector.
Although domain names on the Internet primarily serve to technically identify computers connected to the network, they can also play a role as a distinctive sign in the eyes of users, comparable to a name, business name or trademark. Therefore, domain names must comply with the rules of fair competition and be sufficiently differentiated from protected third-party distinctive signs.
In the present case, the SCC considers that…