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, but as a descriptive indication for an external feature of the plush toys. The combination of several elements in the public domain also does not create distinctiveness in the present case (.BGer of 29.11.2023 (4A_290/2023; 4A_292/2023; 4A_294/2023). Referred back to the lower court, decision of the lower court appealed again to the Federal Supreme Court.