Violation of Trademark Law and Right of Personality through Unauthorized Use of the "Coca-Cola" Trademark

Facts

The Coca-Cola Company (plaintiff) is the owner of the word-figurative trademark "Coca-Cola" registered in Switzerland for various product categories, including textiles for the bedroom. Modum AG (defendant) markets textiles, particularly bedding, bearing a sign similar to this trademark. The plaintiff has sued the defendant to cease the use of the "Coca-Cola" trademark on its products, for information, restitution of profits, and publication of the judgment. It has based its claims on trademark law, the right of personality, and unfair competition law. The Cantonal Court granted the requests for cessation and information, prohibiting the defendant from using the "Coca-Cola" trademark under threat of criminal sanction. The defendant has appealed against this judgment.

Considerations

The SCC dismisses the defendant's appeal. Regarding trademark law, the SCC considers that the use of the trademark by the licensee constitutes use by the trademark owner, provided that the parties are economically linked and the licensee's use cannot mislead the public or harm the public interest. In the present case, these conditions are met. With regard to the right of…