Facts
Chanel S.A. Genève and Chanel S.A. Glaris brought an action against EPA AG to have the illegality of the parallel imports of Chanel products by EPA AG established. The Geneva Court of Justice dismissed all the applicants' conclusions. The applicants lodged an appeal in revision with the Federal Tribunal.
The facts of the case are as follows: Chanel S.A. Paris is the holder of the international Chanel trademark and manufactures perfumery, hygiene, and beauty products. Chanel S.A. Genève is the exclusive distributor in Switzerland of Chanel brand products. The Chanel brand products are marketed in Switzerland through a selective distribution network composed of authorized retailers. EPA AG, which is not one of the authorized distributors, sells Chanel brand products that it has acquired on the parallel market.
Considerations
The Federal Tribunal examined whether parallel imports of branded products in Switzerland are unlawful under trademark law and unfair competition law. It considered that art. 13 para. 2 TmPA in conjunction with art. 3 para. 1 let. a TmPA does not allow the holder of a protected trademark in Switzerland to oppose the parallel importation and sale in Switzerland of products lawfully bearing the same trademark abroad and rigorously similar to those offered by authorized retailers.
The Federal Tribunal also examined whether EPA AG's behavior constituted unfair competition within the meaning of art. 2 UCA. It considered that the exploitation by a third party of a breach of contractual obligations is unfair within the meaning of art. 2 UCA only if particular circumstances make it appear to be contrary to good…