SFB Schweizer Finanzberater AG v. Newer Company Name Infringement

The court found that a newer company's name, sharing core descriptive terms like "Swiss Finance Consulting" with an established company ("SFB Schweizer Finanzberater AG"), was not sufficiently distinguishable under Art. 951 Abs. 2 OR, especially given the identical scope of business activities and the prior employment relationship between parties, leading to a likelihood of confusion. However, the court reasoned that since the descriptive terms are common and not monopolizable, a complete prohibition on using "Swiss Finance Consulting" components is impossible, but the newer company must cease using its current name within 30 days and is prohibited from using it in its business activities to prevent confusion.