Nater Dallafior's IP expert Mathis Berger has successfully represented PUMA SE in an important trademark litigation against FIFA Fédération Internationale de Football Association. It is the first time that the Swiss Federal Supreme Court ruled on the protection of so-called "event marks". With respect to the terms "Qatar 2022" and "World Cup 2022" the Supreme Court held that such event marks belonged to the public domain. The signs can be registered as trademarks only if they contain characteristic additions. The addition of a stylised football is not sufficient to make the marks distinctive. Furthermore, parties not related to an event cannot register an event mark. What is relevant is whether the registered trademark is misleading. In the case at hand, the Swiss Federal Supreme Court did not decide under which conditions the use of third-party event trademarks would be misleading.

For further information: https://www.bger.ch