Oscar® – a Protected Trademark in Switzerland
MARUGG DISPUTE RESOLUTION OSCAR® – A PROTECTED TRADEMARK IN SWITZERLAND By Daniel Marugg, Attorney-at-law, LL.M., Commercial Mediator CEDR / Mediator SAV KYUSUNG GONG / ©A.M.P.A.S. THE OSCAR TRADEMARK AND ITS LEGAL ASPECTS The sign OSCAR as well as the Oscar statuette are protected worldwide by trademark and copyright law for the trademark proprietor, the Academy of Motion Picture Arts and Sciences ("Academy"), Beverly Hills, Los Angeles. The Swiss trademark protection is based on various trademark registrations, amongst others, since 1993, for "education; training; entertainment, including awards for commendable achievements; sporting and cultural activities" (Swiss trademark no. P-412103), with usage priority since March 1, 1973, and since 1988 for "feature films and video tapes; printed matter" (Swiss trademark no. P-364248). Thus, according to Art. 13 of the Swiss Trademark Protection Act ("TmPA"), the Academy "has the exclusive right to use the trademarks to identify the goods or services for which they are claimed and to dispose of them, and it LITIGATION | ARBITRATION | MEDIATION may - insofar as [someone] has unlawfully disregarded this exclusive right of the [Academy] and is thus committing a trademark infringement - exercise the legal protection of Art. 52 et seq. TmPA" (Commercial Court of the Canton of Zurich, HG060392-O, E. 3.2). Moreover, as "well-known, if not famous" trademarks (Commercial Court of the Canton of Zurich, HG060392-O, E. 6.1.2), the sign OSCAR and the Oscar statuette are protected for other goods and services as well as against dilution and reputation exploitation or impairment. Furthermore, the design of the Oscar statuette is also pro- tected by copyright.
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