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MLL successfully represented the “Lumimart” division of Coop, the second biggest Swiss retailer, in a trademark / unfair competition case against the German company Luminarte GmbH

MLL represented the trademark owner Coop-Gruppe Genossenschaft as well as its affiliate Coop Genossenschaft in two parallel proceedings concerning a trademark infringement as well as a violation of the unfair competition act before the Commercial Court of the Canton of Aargau and in the subsequent appeal proceedings before the Federal Supreme Court.

Coop Genossenschaft has been running its divisional Lumimart – a successful chain of specialist markets for lamps and lighting with over 30 stores all over Switzerland – for over 20 years.

The counterparty in all proceedings was the German Luminarte GmbH who under the designation “Luminarte” sold, delivered and advertised lamps in Switzerland.

After the Commercial Court of the Canton of Aargau had already approved both claims initiated by Coop-Gruppe Genossenschaft and Coop Genossenschaft in March 2020, the Federal Supreme Court now confirmed those decisions on 28 December 2020 by rejecting both appeals lodged by Luminarte GmbH.

The litigation team was composed of MLL’s attorneys-at-law Michael Ritscher (Head of IP) and Louisa Galbraith (Associate) as well as Walter Häberling (Partner).

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Michael Ritscher

Partner, Zurich

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