Dr. Peter Schramm
Partner, Zurich
T +41 58 552 03 60
peter.schramm@mll-legal.com
Profile
Peter Schramm is specialized in the protection of his client’s brands, designs, technologies, and trade secrets against any type of imitation, exploitation or other type of infringement. His practice covers contentious and non-contentious trademark, design, copyright, patent and unfair competition law matters, with a focus on ICT, pharmaceuticals, retail, luxury and fashion. He also has considerable experience in IP and ICT strategy and transaction matters, as well as on technical agreements and all types of commercial contracts including license and distribution agreements.
Peter is particularly well known for his trade dress and design law expertise and has been involved in several leading cases in Switzerland and abroad. He lectures at the Swiss Federal Institute of Intellectual Property and has served as speaker, among others, for the Academy of European Law and the IRP of the University of St. Gallen.
Practice Areas
Industry Groups
Country Desks
Rankings & Awards
- “Peter is an extremely knowledgeable and dynamic lawyer, who is brilliant to work with on all kinds of disputes related to trademarks, copyright and designs” – World Trademark Review 1000, 2023
- Peter Schramm is recommended in The Legal 500 EMEA, Intellectual Property, 2022
- Peter Schramm is recommended in The Legal 500 EMEA, Sports Law, 2022
- Peter Schramm regularly assists with copyright and trade mark infringement proceedings, as well as general IP portfolio advice – Chambers and Partners Europe, Intellectual Property, 2022
- “Taking the lead on several high calibre matters, Peter Schramm is simply phenomenal” – World Trademark Review 1000, 2022
- “Peter Schramm is an experienced litigator and a very engaged strategic thinker” – Legal 500 EMEA, 2021
- “He always provides effective and efficient strategic advice” – Chambers and Partners Europe, 2021
- “Peter Schramm always advises pragmatically and plays a global strategic role across all his mandates” – World Trademark Review 1000, 2021
- “Among the most well-known practitioners in Europe, Michael Ritscher and Peter Schramm have a deep understanding of the law and longstanding experience in coordinating multi-jurisdictional litigation” – World Trademark Review 1000, 2021
Deals & Cases
- Representation of Lindt & Sprüngli before the Swiss Federal Supreme Court against copies of the Lindt Gold Bunny offered by Lidl
- Representation of FIFA against PUMA in a landmark trademark and unfair competition case before the Swiss Supreme Court and the Zurich Commercial Court
- Successful enforcement of the PORSCHE trademark against a worldwide planned car dealer database of a third party, whereby the notoriety of the PORSCHE trademark and its cross-product protection in Switzerland was confirmed by the courts
- Represented Migros, the largest retailer in Switzerland, in a landmark trademark registration proceedings for the letter “M”. It is the first time that a single letter of the alphabet has been registered as a trademark in Switzerland
- Represented Hilti in the registration and enforcement of their colour and 3D trademarks in Switzerland and internationally
- Advised the world’s biggest plush toy manufacturer Ty Inc. on establishing and enforcing its trademark and design portfolio
- Support of Semtech (International) AG, a wholly-owned subsidiary of Semtech Corporation (listed on NASDAQ) and a leading supplier of high performance analog and mixed-signal semiconductors and advanced algorithms in the acquisition of Trackio International AG and its subsidiaries Trackio GmbH and TrackNet Inc. in all IP-related transactional issues
- Advised Triton in analyzing complex IP issues regarding a EUR 730 Mio. carve-out to acquire the auxiliary components business of Alstom
- Acting for Lindt & Sprüngli in IP issues, inter alia in the enforcement of the Lindt product designs
- Acting for Vitra in both national and cross-border trademark, design and copyright litigation
- Acting for Deutsche Telekom AG in trademark and unfair competition disputes in Switzerland
Education & Admission
- Admitted to the bar in Switzerland (2007)
- Institute for European Law, Saarland University, Doctorate to Dr. iur. (2004-2005)
- Admitted to the bar in Germany (2004)
- University of Konstanz (1998–2000)
- University of Salamanca (1997–1998)
- Saarland University (1995–1997)
Memberships and public offices
- Swiss Institute for IP rights (INGRES)
- German Association for the Protection of Intellectual Property (GRUR)
- International Trademark Association (INTA)
- European Communities Trademark Association (ECTA)
- Association of Intellectual Property Experts (VPP)
- Association of Swiss companies in Germany (VSUD)
Languages
- German
- English
- Spanish
- French
Publications
Assistant
Peter Schramm is recommended in The Legal 500 EMEA, Sports Law, 2022
Publications
NFTs and Trademarks – What You Need to Know
MLL-News, 8 April 2022- EN
Trade Marks 2022 – Switzerland
Chambers and Partners, Global Practice Guides, Trade Marks 2022, 1st March 2022- EN
The Shape of the VW Bulli – A trademark? A trademark!
MLL-News, 21 January 2022- EN
Trade Marks 2021 – Switzerland
Chambers & Partners, Trade Marks 2021 Global Practice Guide, Switzerland Law and Practice, p. 251-267, 25th February 2021- EN
Firm News
Our IP Team is again ranked Gold in the WTR 1000 Guide 2023
MLL Legal presents Best IP Law Firm Award at JUVE Award Ceremony in Frankfurt 2022
MLL Legal successfully represents Lindt & Sprüngli against Lidl: Swiss Federal Supreme Court confirms trademark protection for the “Lindt Gold Bunny”
FIFA obsiegt gegen PUMA in Unterlassungsklage vor dem Handelsgericht Zürich
The Zurich Commercial Court ultimately upholds FIFA’s injunction claim against Puma
News Portal
NFTs and Trademarks – What You Need to Know
«NFT» seem to be the word of the hour. Everyone wants NFTs, many are creating NFTs, some are buying and trading NFTs, few are getting rich off NFTs and even fewer know what an NFT really is. Currently, «The Merge»-NFT is the most expensive NFT ever traded – it was purchased for more than 91 million USD. However, NFTs are a much talked about topic not only because of their sometimes-astronomical purchase prices, but also because several legal disputes have already arisen in connection with NFTs – including over intellectual property rights. We tell you what you need to know, what you need to keep in mind and which questions are currently still unanswered with regard specially to trademark law.
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The Shape of the VW Bulli – A trademark? A trademark!
The First Board of Appeal at EUIPO has ruled that the shape of the VW Bus (commonly referred to as «Bulli»), the cult van of Volkswagen («VW») is protectable as a 3D trademark and shall be registered accordingly as a European trademark (Decision of the First Board of Appeal at EUIPO of 29 November 2021, case no. R 2421/2020-1).
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The Capsule Saga Comes to an End – Swiss Federal Tribunal Denies Trademark Protection to Nespresso Capsules
The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé’s 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September 2021).
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The Swiss Federal Supreme Court affirms interest in bringing an action for annulment with respect to a Central Attack under the Madrid System
In its decision 4A_97/2020 of August 5, 2020, the Swiss Federal Supreme Court addressed the question of whether the interest in bringing an action for annulment concerning a basic trademark can be affirmed due to the legal consequences inherent to an approval of such claims under the institute of the so-called Central Attack.
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Our 10 Step Guide to Brexit: How Brexit will impact your EUTMs and UK rights
Brexit is fast approaching, which means from 1 January 2021 changes will take place to your EUTMs insofar as how they cover the UK. We have prepared a 10 Step Guide to Brexit to summarise those changes and how they will affect your EUTMs and rights in the UK.
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