Facts
The "Assoziation Montessori (Schweiz)" (plaintiff) is the owner of the Swiss trademark "Montessori" registered on April 16, 1997 for services in class 41 (education, training, entertainment, sports and cultural activities). The defendant, who operates a kindergarten called "Montessori-Kindergarten", was ordered by the Cantonal Court of Lucerne to refrain from using the name "Montessori" for its services. The defendant appealed against this decision.Considerations
The SCC dismisses the appeal. It confirms the case law according to which the transformation of a registered trademark into a generic sign (Freizeichen) is only permitted if all interested circles consider the sign to be a generic designation and no longer an indication of origin. The defendant has not provided proof that the "Montessori" trademark has acquired the character of a generic sign. Furthermore, the fact that the plaintiff…