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fulfill the requirements of the MPA. Consequently Call was ordered to stop the advertising subject to a conditional fine. Comments: To be on the safe side headings or sender lines should indicate that a message is advertising.
SWITZERLAND Peter Hofer Frick Hofer Hunziker peterhofer@rabenhaus.ch www.rechtsanwaelte-rabenhaus.ch 1. Jurisdiction Topic: Similarity of trade marks Who: Travel Agency against Airline When: October 2004 Where: Eidg. Rekurskommission für geistiges Eigentum Published: SIC 2/2005 page 135 ff. (Zeitschrift für Immaterialgüter-, Informations- und Wettbewerbsrecht) What Happened: Air Travel Office with the Trade Mark “Jet Tours” claimed against Easy jet against their registration of a trademark “easyJet tours”. The commission had to answer the question if the services of a travel agency and of an airline could be regarded to be similar. The commission split up the various services mentioned in class 39 and 42 and approved the claim for a part of the services such as organisation of transport, of people, arrangements of cruises, holidays business travel and excursions but not for the use of catalogs, promotion material etc. and not for the transport of goods and people by air and air travel registration. These services had a different level in a travel agency than in an airline. 2. Jurisdiction Topic: Domain-name Who: Swiss Federal Court Lausanne When: 8 November 2004 Published: SIC 3/2005 page 200 ff. What Happened: A German company with a registered trade mark “Riesen” claimed against a Swiss person with the name Stephan Riesen who had registered a Domainname “riesen.ch”. First the supreme court checked if “Riesen” could be considered a famous trade mark which it was not, since it was only know to approve 40 % of the customers. Then it checked the use of the domain name as trade mark and came to the conclusion that it was not used for the same or similar products, therefore the claim was denied. Comments: Interesting: The use of domain-names is regulated by the Trademark Law and the Federal Law against Unfair Competition. 3. Jurisdiction Topic: Unfair Competition Who: Swiss Federal Court Lausanne When: 4 February 2005 Published: Is going to be published in the Amtliche Sammlung (BGE) What Happened: Several Swiss companies who had published their own advertisements for real estate on their websites claimed against a company named Nexpage AG who gathered and used the plaintiff’s advertisements of real estate for own business purposes on its website. The Supreme Court stated that the
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Table of Contents Argentina Page 5
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United States Page 130 Uruguay 133
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marketing campaigns. The Code provi
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AUSTRALIA Peter Le Guay Cowley Hear
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The regulations are designed to inf
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Flight Centre's airfares were guara
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AUSTRIA Stefan Kofler Greiter Pegge
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BOLIVIA Alexandra Blanco Guevara &
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BRAZIL Valdir Rocha Veirano Advogad
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5. Title “Faculdades Hélio Rocha
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CANADA Wendy Reed Geneviève Marcot
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Second, the finding makes clear tha
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CHILE Rodrigo Albagli Guillermo Riv
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The Council let the claimant know a
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COLOMBIA Ricardo Duarte Duarte Duar
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3. Legislation Decision or sentence
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advertising and information. Nevert
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ody parts. Even if all intimate par
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CROATIA Mladen Vukmir Vukmir & Asso
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the sentences used in the campaign
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DENMARK Johan Løje Hans Flensted -
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unsolicited electronic mail in the
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FINLAND Bernt Juthström, Mikael Se
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on information to be given in respe
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practices by marketing COKO buildin
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2. Case Report Topic: The represent
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4. Self-regulation Topic: Can cigar
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HUNGARY Matias Vallejos Meana Sall
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4. Title Easyjet Topic: Comparative
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A complaint was also received by th
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Regulator (ComReg). Under the regul
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3. Legislation Topic: Consumer Prot
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Quite clearly the models are posing
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In this context measures taken to p
Page 70 and 71: models through a clear and illicit
Page 72 and 73: The Jury found that: - company B’
Page 74 and 75: Considering that the fidelity card
Page 76 and 77: JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79: cease and desist orders, administra
Page 80 and 81: The Court held the trademark was us
Page 82 and 83: 2. Title TELEVISION ADVERTISING LES
Page 84 and 85: NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87: 3. Title Credit Card Companies Pros
Page 88 and 89: 6. Title Therapeutic Services Adver
Page 90 and 91: PERU José Barreda Barreda Moller m
Page 92 and 93: - When it contains a false name or
Page 94 and 95: POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97: 3. Issue: Advertising of medicines
Page 98 and 99: Comments: This decision shows that
Page 100 and 101: ROMANIA Florentina Dumitrescu Wood
Page 102 and 103: or services offered by it. Accordin
Page 104 and 105: following the legislative initiativ
Page 106 and 107: SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109: 3. Misleading Advertising Topic: Ad
Page 110 and 111: In the amended advertisement the ph
Page 112 and 113: 8. Offensive Advertising Topic: Sec
Page 114 and 115: SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117: The criticisms made against the Dra
Page 118 and 119: SWEDEN Michael Plogell Wistrand Adv
Page 122 and 123: published advertisements aren’t p
Page 124 and 125: single bill, customer portal, 24-7
Page 126 and 127: Polo says it all - small but tough.
Page 128 and 129: 6. Case Report Topic: Licensing Int
Page 130 and 131: UNITED STATES Douglas J. Wood Jenni
Page 132 and 133: 5. Topic: Degrees of Deception: Int
Page 134 and 135: The court held that the image right
Page 136 and 137: penalties stipulated in the law. Th
Page 138 and 139: 2. Case Report Topic: Incorporation
Page 140 and 141: 4. Case Report Topic: Fair Competit
Page 142 and 143: transmission of institutional messa
Page 144 and 145: make its own determinations, and in
Page 146 and 147: CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149: JAPAN Wilf Wakely Aiba & Partners 4
Page 150: SWITZERLAND Peter Hofer Frick, Hofe
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