May 2021 Newsletter No. 8 Swiss IP News We provide you with updates on new decisions, the relevant legislative process and other trends in the fields of intellectual property and unfair competition law from a Swiss perspective. Newsletter No. 8 May 2021 TOBLERONE vs. SWISSONE In a recently published judgement of The attacked SWISSONE chocolate bar 31 December 2020 (HG 20 87), the looks as follows: By Roger Staub Commercial Court of Bern dismissed a Dr. iur., Attorney at Law request for a preliminary injunction Partner which Kraft Foods had filed against Cocoa Telephone +41 58 658 52 89 Luxury’s SWISSONE chocolate bar. Kraft
[email protected] Foods had claimed that the SWISSONE chocolate bar infringed its various TOBLERONE trademarks and it also asser- ted unfair competition claims. The court denied both trademark infringement and It consists of a series of rounded tetrahe- unfair competition claims. As for now, the dra including small emphasis or gradation judgement on preliminary measures has in the form of rounded triangles. The become final. Kraft Foods is however still series of these tetrahedra may be free to file a lawsuit on the merits. reminiscent of a group of mountains. The SWISSONE chocolate bar comes in square Background (cuboid-shaped) packaging with prominent TOBLERONE is a popular Swiss chocolate and centrally placed bright golden and Benno Fischer-Siddiqui bar brand, which is most known for its SWISSONE lettering on all three sides of MLaw, Attorney at Law distinctive shape: a series of joined the packaging. Two stylized mountain Associate triangles, resembling a group of moun- silhouettes are placed in the “O” of the Telephone +41 58 658 52 51 tains or pyramids.