Prohibition of the use of the abbreviation "F.SA" by the "Freierwerbende Schweizer Architekten" association

Facts

The two parties are professional associations of Swiss architects, one being the "Bund Schweizer Architekten (BSA)/Fédération des Architectes Suisses (FAS)", founded in 1908 and registered in the commercial register of Zurich, and the other being the "Association des Architectes Suisses Indépendants (F.SA/A.A.I.)", founded in 1935 but not registered. Since July 1948, the parties have negotiated a change of name for the defendant association in order to avoid the risk of confusion, which led to the adoption of the new name "Freierwerbende Schweizer Architekten F.SA (Fédération Suisse des Architectes Indépendants F.SAI./Federazione Svizzera degli Architetti Indipendenti F.SAI.)" in 1950 and 1951. However, the plaintiff has filed a lawsuit in March 1952 to prohibit the use of these abbreviations, considering that they still create a risk of confusion.

Considerations

The Federal Tribunal considers that the plaintiff association can invoke the right of personality, in particular the right to a name as provided for in Art. 29 CC, regardless of any issue of unfair competition. Although the defendant association has changed its full name, the use of the abbreviations "F.SA" and "F.SAI." remains problematic because they are too similar to the abbreviations "BSA" and "FAS" used by the plaintiff association since its founding. This similarity creates a serious risk of confusion, particularly in circles that are content to verify membership in a reputable association of…