Likelihood of confusion under unfair competition law -Glubschi (Federal Supreme Court)

The existence of a likelihood of confusion under unfair competition law pursuant to Art. 3 para. 1 lit. d UCA presupposes that the imitated object of the dispute has a distinctive character. In the context of plush toys with “Glubschaugen”, customers do not understand “the obvious” indication “Glubschi” as a reference to a specific company, […]

Trademark law -No relevance of the “doubtful case rule” – True Depth (Federal Supreme Court)

The rule according to which a trademark must be registered in case of doubt only applies within the scope of the IPI registration procedure. The rule that a trademark must be registered in case of doubt only applies in the IPI registration procedure. It serves the IPI during registration, but loses its relevance in the […]