Rejection of the claims of the company Au Bûcheron SA and Edmond Junod regarding the use of the name "Au Bûcheron"

Facts

Edmond Junod has been operating a furniture business in Lausanne under the individual business name "Ed. Junod" and using the trade name "Au Bûcheron" since 1940. He also created a joint-stock company "Au Bûcheron SA" in 1948, of which he is the sole director. In 1955, Junod sold his branches in La Chaux-de-Fonds to André Graber, who operated them under the individual business name "Meubles Graber, Au Bûcheron". After the expiration of the three-year period provided for in the agreement, Junod requested Graber to cease using the name "Au Bûcheron". Junod and Au Bûcheron SA then filed a criminal complaint against Graber, who in turn sued Junod and Au Bûcheron SA before the Cantonal Court of Neuchâtel.

Considerations

The Federal Tribunal rejects the appeals of Junod and the company Au Bûcheron SA:

• Junod cannot invoke an absolute right to the name "Au Bûcheron" because the commercial spheres of the parties are clearly separated and there is no…