On shoes Swiss cross IP dispute set for court ruling
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On shoes Swiss cross IP dispute set for court ruling
The dispute between shoe manufacturer On, the Swissness Enforcement Association (SEA) and the Swiss Federal Institute of Intellectual Property (IPI) over the use of the Swiss cross on shoes made abroad is moving up a gear.
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Following a meeting between the two parties on Wednesday, it is now up to the Federal Court to decide what the Swiss cross can stand for, explains shoe manufacturer On in a statement sent to the AWP agency. This could set a precedent that would allow On to use the cross in Switzerland too, adds the NZZ newspaper.
For years, the group has been criticised for its use of this symbol, in particular for manufacturing shoes in Vietnam and Indonesia. The SEA sees this as a violation of Swissness rules. The company itself refers to Swiss engineering and the research and design carried out at the Zurich site, which employs more than 300 people.
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Recently, the daily newspaper Blick reported that the SEA and the IPI had referred the matter to the Chinese market surveillance authority. The organisations dispute this claim, saying that they had simply launched investigations and that the Chinese authorities had intervened ex officio.
Correspondence between On and SEA, of which AWP is aware and in which federal councillors have also been copied, has not provided any clarification.
Federal Court to decide
On Wednesday, On again proposed taking the case to the Swiss courts and asked SEA and the IPI to withdraw their application in China. “SEA and IPI’s action in China is destructive,” On told AWP.
According to On, SEA and IGE have welcomed the offer and want to vote internally on the proposal. “Let the Federal Court decide what the Swiss cross can stand for,” the statement continued.
A ruling in favour of the company could therefore mean that On would again be authorised to use this symbol in Switzerland in the future. The question is whether a trial will actually take place.
The company also does not know whether SEA and IGE will withdraw their application in China and how the local authorities will proceed.
More
On faces complaint over use of Swiss cross on shoes made in Asia
Translated from French with DeepL/mga
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