Arthursgroup vs Swiss Arthur Prod – The Battle For Arthur

In a recent decision, the Federal Supreme Court decided a case opposing Arthursgroup SA ("Arthur I") on the one hand and Swiss Arthur Prod SA ("Arthur II") on the other hand.

Arthur I – once operating a night club, now a restaurant/ bar/lounge – is the owner of the "ARTHUR'S" trademark, which has been registered since 1996 in classes 25, 35, 38, 41 and 42 (now 43). Arthur II – an entertainment company organizing and producing events and shows – registered the "Les Théâtrales de Swiss Arthur Prod" trademark in 2008 in class 41.

After battling over the course of a couple of years (sending cease and desist letters) without any results, Arthur I decided to bring the fight over the Arthur's name to the Swiss courts. Claiming to be the rightful owner of the Arthur's name, Arthur I requested the court inter alia to cancel Arthur II's trademark and to order Arthur II to change its trade name (by removing the word "ARTHUR"). On the grounds of article 951 para. 2 of the