When the Supreme Court becomes passionate about grills: revolution or simple precision?
On June 17, the Federal Court had the opportunity to render a decision 4A_472/2021 which deserves to retain the attention of intellectual property practitioners.
The case involved the manufacturer ("Plaintiff") of a grill represented as follows:
The manufacturer in question had found that a third entity ("Defendant") was marketing the following models of grills:
After having sent several cease and desist letters in vain, the Plaintiff brought an action before the Commercial Court of the Canton of Aargau for infringement of certain patents that existed on its grill. For reasons that are not detailed in the judgment of the Supreme Court, the Commercial Court upheld this action with regard to the above-mentioned "dimidius", "conicum" and "hemisfar" models, but from a copyright perspective.
Both parties had appealed to the Supreme Court, the Defendant to have it recognized that the grill in...
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