Milking Technology Manufacturer v. Trademark Usurper: Abuse of Right Declaration

The plaintiff, a long-established global manufacturer of milking technology, sued the defendant, a service technician, to either transfer the "Fullwood" trademark registered by the defendant or declare it void, arguing the registration was an abusive act by a usurper attempting to leverage the plaintiff's long-standing, notoriously known mark in Switzerland for illegitimate financial gain. The court determined that the plaintiff failed to meet the burden of proof regarding the notorious recognition of the mark in Switzerland, as the assertions lacked the necessary substantiated facts about market share, penetration, and investment required for a finding of notoriety. However, the court found that the defendant's actions constituted an abuse of right under Art. 2 para. 2 CC because he was aware of the plaintiff's extensive prior use and registration of the mark abroad for the same goods, meaning his sole purpose was to exploit a formal legal position to hinder the actual rights holder, leading to the declaration that the defendant's registration was void, but without ordering a transfer to the plaintiff.