National Implementation of IHL
Case A._____ SA v. Swiss Red Cross, 1st Civil Court of the Federal Tribunal of Switzerland, 2014
20.05.2014
Federal Tribunal of Switzerland
http://www.bger.ch/ (last accessed on 10.06.2015)

Summary
On 20 May 2014, the Federal Tribunal of Switzerland confirmed the ruling of the Commercial Court of Bern ordering A._____ SA to pay most of the Court’s fees as well as the expenses of the parties. In addition, the Court ordered the invalidity of the trademark and its cancellation.
In 2008, the ICRC raised the attention of the Red Cross National Society of Switzerland, on the use by A._____ SA, to represent its brand, of a sign resembling closely to the emblem of the Red Cross. The negotiations between the Swiss Red Cross and A._____ SA about the use of this sign failed and the case was brought by the National Society to the Commercial Court of Bern.
In 2013, the Commercial Court of Bern rendered its decision, which was appealed by A._____ SA.
In its decision confirming the ruling of the Commercial Court of Bern, the Federal Tribunal of Switzerland notably referred to Article 53 of the Geneva Convention I of 1949 and to the commentaries of the Geneva Conventions.

Key words: National Society, emblem protection.

Decision
File TypeSizeFile Name
application/pdf 139 KB Switzerland - A._ SA contre Verein Schweizerisches Rotes Kreuz, 2014 [FR].pdf