Facts
The case concerns an unfair competition matter between Nahrin AG and Karl Letter. Nahrin AG produces and markets a mountain juniper honey, which it packages in cylindrical metal boxes with a distinctive label. Karl Letter, after working as a representative of Nahrin AG, opened his own food business and began selling mountain juniper honey packaged in glass jars with a label that imitates that of Nahrin AG.
Nahrin AG filed a criminal complaint against Karl Letter for unfair competition, alleging that Letter's use of its distinctive sign created confusion with its brand and business. The judicial authorities convicted Letter of unfair competition and fined him.
Letter appealed the judgment, arguing that Nahrin AG had waived its right to complain by not acting sooner and that its behavior constituted an abuse of rights.
Considerations
The Federal Court examined Letter's arguments and concluded that Nahrin AG had not waived its right to complain. Mere expectation does not constitute a waiver of the complaint, and Nahrin AG had not explicitly expressed its intention not to act.
The Court also considered that Nahrin AG's distinctive sign, which consists of a stylized mountain juniper, was original and possessed distinctive force. The reproduction of this sign by Letter was likely to create confusion with…