Source: EURLEX
Language: en
Format: md

[JURE SUMMARY](#SM)

## JURE SUMMARY

An Italian company and a Swiss company distributed spectacles and sport clothing bearing the trade mark "zerorh". They brought an action before the Tribunale d'appello of the Canton of Tessin (CH) against a German company, seeking a declaration that the use of their trade mark did not infringe the trade mark "zero" held by the defendant. The latter raised a plea of lack of international jurisdiction of the court seised. After the action was granted, it lodged an appeal to the Bundesgericht (CH).
The Bundesgericht holds that the Swiss courts have jurisdiction according to Article 5(3) Lugano Convention. This article applies to civil claims relating to tort, delict or quasi-delict and includes all actions with which non-contractual liability is asserted. Actions on the basis of infringement of intellectual property also fall thereunder, regardless of whether the actions are couched in terms of negative declaratory relief. According to Article 5(3), the court for the place where the harmful event occurred consequently holds jurisdiction. With respect to actions due to infringement of intellectual property, reference should be made to the action which allegedly infringed the right, and not to the place where the damage manifested for the holder of the right. In the present case, the use of the trade mark "zerorh" by the claimants is the relevant action. As this occurred in Switzerland, the Swiss courts have jurisdiction.

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