list of contributors - GALA
list of contributors - GALA
list of contributors - GALA
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
SWITZERLAND<br />
Peter H<strong>of</strong>er<br />
Frick H<strong>of</strong>er Hunziker<br />
peterh<strong>of</strong>er@rabenhaus.ch<br />
www.rechtsanwaelte-rabenhaus.ch<br />
1. Jurisdiction<br />
Topic: Similarity <strong>of</strong> trade marks<br />
Who: Travel Agency against Airline<br />
When: October 2004<br />
Where: Eidg. Rekurskommission für geistiges Eigentum<br />
Published: SIC 2/2005 page 135 ff. (Zeitschrift für Immaterialgüter-, Informations- und<br />
Wettbewerbsrecht)<br />
What Happened: Air Travel Office with the Trade Mark “Jet Tours” claimed against Easy jet<br />
against their registration <strong>of</strong> a trademark “easyJet tours”. The commission had<br />
to answer the question if the services <strong>of</strong> a travel agency and <strong>of</strong> an airline<br />
could be regarded to be similar. The commission split up the various services<br />
mentioned in class 39 and 42 and approved the claim for a part <strong>of</strong> the<br />
services such as organisation <strong>of</strong> transport, <strong>of</strong> people, arrangements <strong>of</strong> cruises,<br />
holidays business travel and excursions but not for the use <strong>of</strong> catalogs,<br />
promotion material etc. and not for the transport <strong>of</strong> goods and people by air<br />
and air travel registration. These services had a different level in a travel<br />
agency than in an airline.<br />
2. Jurisdiction<br />
Topic: Domain-name<br />
Who: Swiss Federal Court Lausanne<br />
When: 8 November 2004<br />
Published: SIC 3/2005 page 200 ff.<br />
What Happened: A German company with a registered trade mark “Riesen” claimed against a<br />
Swiss person with the name Stephan Riesen who had registered a Domainname<br />
“riesen.ch”.<br />
First the supreme court checked if “Riesen” could be considered a famous<br />
trade mark which it was not, since it was only know to approve 40 % <strong>of</strong> the<br />
customers. Then it checked the use <strong>of</strong> the domain name as trade mark and<br />
came to the conclusion that it was not used for the same or similar products,<br />
therefore the claim was denied.<br />
Comments: Interesting: The use <strong>of</strong> domain-names is regulated by the Trademark Law<br />
and the Federal Law against Unfair Competition.<br />
3. Jurisdiction<br />
Topic: Unfair Competition<br />
Who: Swiss Federal Court Lausanne<br />
When: 4 February 2005<br />
Published: Is going to be published in the Amtliche Sammlung (BGE)<br />
What Happened: Several Swiss companies who had published their own advertisements for<br />
real estate on their websites claimed against a company named Nexpage AG<br />
who gathered and used the plaintiff’s advertisements <strong>of</strong> real estate for own<br />
business purposes on its website. The Supreme Court stated that the
Change language