Prohibition of Manufacture and Distribution of Max Bill's "HfG-Barhocker"

Facts

Foundation [A.] filed a lawsuit against furniture manufacturer B. AG to prohibit the manufacture and distribution of the "HfG-Barhocker" designed by Max Bill. The cantonal court dismissed the claim regarding this bar stool, finding that it did not have sufficient individual character to be protected by copyright. Foundation [A.] appealed against this decision.

Considerations

The SCC upheld the appeal and granted Foundation A.'s claim regarding the "HfG-Barhocker". It considers that, despite the reduction of its form to the bare minimum, the bar stool is sufficiently distinct from pre-existing models to have individual character within the meaning of Art. 2 para. 1 CopA. Although the constituent elements of a bar stool (legs, seat,…