The Lindt & Sprüngli Bunnies
The Lindt & Sprüngli foil-wrapped chocolate bunnies benefit from trademark protection against Lidl's chocolate bunnies. Lindt & Sprüngli has registered three-dimensional shape trademarks for their bunnies, which the vast majority of the public associate with Lindt & Sprüngli. Due to the overall impression, the Lidl bunnies create a likelihood of confusion. They may therefore no longer be sold.
Judgement 4A_587/2021, BGE publication planned
Uber Eats and Uber
The Uber Eats meal delivery service, as offered in Geneva, includes an employment contract between Uber and the couriers. However, there is no contract for services between Uber and the restaurants. The transport service offered by Uber in Geneva is governed by the cantonal law on taxis and transport vehicles with drivers. The Cantonal Court of Geneva ruled without arbitrariness that the drivers should be considered as employees and Uber, the employer company, as a transport company bound to respect the legal obligations relating to the social protection of drivers and the working conditions in use in their sector of activity.
Judgment 2C_575/2020, BGE publication planned and judgment 2C_34/2022
No judicial assistance to Russia
The Lower Appeals Chamber of the Federal Criminal Court has admitted recourses against several decisions granting international judicial assistance in criminal matters to Russia. The observed violations of international conventions, Russia’s withdrawal from the Council of Europe and its denunciation of the ECHR indicate that the requirements for international legal assistance in criminal matters are no longer met. It can no longer be assumed that Russia will respect international law, especially in the field of human rights law.
Judgement RR.2021.84, RR.2021.91
The Axenstrasse interconnects Brunnen and Flüelen along Lake Uri. Because of rockfalls and landslides along the roughly eleven kilometres-long section, the road often has to be closed for weeks at a time. The “New Axenstrasse” project involves the construction of twin tunnels through which the main traffic would be routed. The Federal Administrative Court dismissed an appeal lodged by environmental associations against the construction project.
In 2014, a pregnant Syrian was ordered to return to Italy from Brig despite suffering pain. The Swiss Border Guard refrained from calling for medical assistance. The Federal Administrative Court therefore awarded her financial compensation.
A company brought an action against Swisscom AG claiming that the replay function offered by Swisscom for the time-shifted playback of television programmes infringes its patent. The Federal Patent Court dismissed the action. The patent in question is not valid because it was amended on a decisive point and unlawfully extended compared to the original application.