Facts
The complainant, [X.] Ltd., and the defendant, [Y. GmbH] , were involved in a lawsuit over the infringement of a design right. The defendant is the owner of the design DM [1.] , which represents a jewelry box. The complainant displayed jewelry boxes at the watch and jewelry fair "Baselworld" that were similar to the design DM [1.] .
The Civil Court of the Canton of Basel-Stadt prohibited the complainant from using jewelry boxes with certain characteristics in Switzerland and sentenced her to pay CHF 10'539.50 plus interest. The complainant filed a constitutional complaint with the FSCA and requested the annulment of the judgment and the remittal of the case for re-examination.
Considerations
The FSCA examined the admissibility of the constitutional complaint and found that the complainant had not sufficiently substantiated the complaint of arbitrariness. The court considered that the complainant had contested the protectability of the plaintiff's design because it lacked the required novelty and individuality.
The FSCA found that the Civil Court had rightly rejected the complainant's requests for evidence, as they were not suitable for providing the required evidence. The court found that the complainant had not shown that the question of whether the disputed design was new at the time of filing could not be answered from the general experience of persons with the necessary expertise.
The FSCA also rejected the…