21 January 2018

BianchiSchwald wins landmark trademark case before Swiss Federal Supreme Court

On January 3, 2018, the Swiss Federal Supreme Court decided an almost five years lasting trademark dispute in favor of BianchiSchwald's Swiss client Navita GmbH (formerly Reico Vital Systeme GmbH), represented by Christoph Gasser, against its German opponents and former suppliers Reico Vital Systeme GmbH and Konrad Reiber. Specifying the interpretation of Article 4 of the Swiss Federal Trademark Act on "Registration [of a trademark] in favor of the authorized user", the Swiss Federal Supreme Court overturned the previous decision rendered by the St. Gallen Court of Commerce on May 16, 2017 and confirmed the client's rights to its Swiss trademarks "REICO" (see, e.g., the logo) which are used for branding high-quality dog and cat food.