Trademark law and UWG: Rolex and customization (Federal Supreme Court)

Own use and the principle of exhaustion

If a provider provides adaptation or customization services exclusively in relation to watches entrusted to it by customers, this does not constitute a trademark infringement or an interference with protected competition (UWG). According to the Federal Supreme Court, however, there may be an infringement if the provider itself purchases branded watches, customizes them and then resells them (Federal Supreme Court of 19.01.2024 (4A_171/2023) referral back to the lower court).