Significant Swiss Supreme Court decision in the field of environmentally adequate containers

The Swiss Supreme Court confirmed a decision by the Commercial Court of Aarau against unfair competitors in the field of environmentally adequate containers used in cities and communities. The Court confirmed that damage claims and claims for restitution of profits cannot only be directed against infringing companies but also against the individuals in control of these companies (i.e. board members) personally. Lenz & Staehelin advised the plaintiff Villiger in this significant litigation matter which is expected to fundamentally influence the IP litigation landscape in Switzerland.

The team was led by Jürg Simon and also included Dirk Spacek and Saskia Eschmann.