Swiss sex shop loses legal battle over ‘Harry Popper’ condoms
A Swiss condom manufacturer must pay back CHF160,000 (USD 161,000) in profits to the entertainment company Warner Brothers due to trademark infringements, the Federal Court has ruled on Wednesday.
The court’s decision confirms an earlier ruling by a cantonal court in Schwyz which had ordered the Swiss sex shop chain Magic X, to pay back any profits it had made from the sale of its “Harry Popper” condoms.
Because the company had not provided sufficient evidence to determine how much money it had made from the sale of the product, the lower court had ruled that CHF160,000 was a reasonable estimate of the profits.
Magic X filed a complaint contesting this amount, but the calculation was now confirmed by the Federal court. The court said that the procedure complied with legal regulations.
The decision ends a legal battle between Warner Brothers, the owner of the Harry Potter brand, and the Swiss manufacturer, which lasted over ten years.
The Californian-based company first filed a lawsuit against Magic X in 2008.
In 2010, the cantonal court ruled that the Swiss sex shop chain was no longer allowed to use the name “Harry Popper” to market its condoms or any other erotica products.
Warner Brothers subsequently demanded compensation for the infringement and the repayment of the profits, which have now been settled by the Federal Court’s ruling.
More
More
Zurich sex fair: the banality of erotica
This content was published on
The Extasia erotic fair in Zurich attracts thousands of people, but not everyone is stocking up on whips and vibrators.
Swiss football boss wants crackdown on individual hooligans
This content was published on
The head of the Swiss Football League says he prefers a harsher approach to individual hooligans rather than collective punishment measures affecting all fans.
Amherd: Council of Europe is ‘as urgently needed as ever’
This content was published on
The Swiss government emphasised on Sunday the vital role of the Strasbourg-based Council of Europe, 75 years after it was founded.
Swiss minister: Italy will back Switzerland in EU talks
This content was published on
Bern can count on the backing of Italy as it re-enters talks with the European Union on future relations, Viola Amherd says.
Student protestors at University of Lausanne continue pro-Palestine sit-in
This content was published on
Since Thursday, a hall on campus has been occupied by students calling for a boycott of Israeli academic institutions and a ceasefire in Gaza.
This content was published on
Swiss public broadcasters RTS and SRF are drastically reducing their communications via the social network X (formerly Twitter).
Israel: president of Swiss universities rejects academic boycott
This content was published on
Luciana Vaccaro, president of Swissuniversities, the umbrella group of Swiss universities, is not in favour of an academic boycott of Israeli universities.
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.
Read more
More
Government may register ‘Swiss Military’ brand name, court rules
This content was published on
The decision ends an ongoing case that was originally brought against a Swiss watch company that had been using the name for over 20 years.
Tighter rules for ‘Made in Switzerland’ label by 2017
This content was published on
Arguments from Swiss businesses that it would hurt competitiveness of their products because of the strong franc did not stop the cabinet from approving the Swissness legislation passed by parliament on June 13, 2013. The legislation which comes into force from January 1, 2017 clearly spells out the conditions under which businesses can claim their…
This content was published on
It took scientists five years to identify the unique bacteria – once found naturally in milk from the Appenzeller region – and develop them into one-of-a-kind markers for Appenzeller cheese. The special bacteria are multiplied in bioreactors and added before the cheese making process begins, giving each morsel of cheese its very own “barcode”. “Identifying…
This content was published on
Presenting a proposed amendment to the copyright law, Justice Minister Simonetta Sommaruga said the planned revision was aimed at boosting the interests of creative artists and the culture industry, including research projects and libraries. “It is primarily aimed at those who have been operating commercial platforms with pirated content and play cat and mouse with…
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.